SYED MAZHERUDDIN Vs. FAZAL MOHAMMED

JUDGEMENT

(1.) The petitioners have filed this revision petition to set aside the order dtd. 28/7/2023 made in I.A. No. 350 of 2023 in O.A. No. 41 of 2023 on the file of the Tamil Nadu Waqf Tribunal, Chennai.

(2.) Heard Mr. Nissar Ahmed, learned senior counsel for Mr. N. A. Nissir Hussain learned counsel for the petitioner, Mr. M. J. Jaseem Mohamed, learned counsel appearing for the respondents 1 to 3, Mr. C. Sankar, learned counsel appearing for the respondents 4 & 5 and perused the materials available on record.

(3.) The respondents 1 to 3 are the applicants in O.A.No.41 of 2023 before the Wakf Tribunal. The said application was filed praying to call for the records of the 2nd respondent/Board relating to the order dtd. 5/3/2019 appointing the 3rd respondent as Chief Hereditary Trustee in Hazrath Syed Moosa Sha Khaderi Darga and the orders dtd. 13/6/2019 and 25/6/2019 asking the applicants to get the endorsement from 3rd respondent, declare the same as null and void ab-initio and set aside the same. They have also sought for permanent Injunction restraining the respondents from interfering with the legitimate rights of the applicants as turn holding trustees during their respective turn of management of Hazrath Syed Moosa Sha Khaderi Darga situated at Annasalai, Chennai-2 and also directing the 2nd respondent to release the Hundial collections amount due to the applicants in respect of their turn during 2019, 2021 & 2022, which was deposited in the Wakf Account of 1st respondent and continue to release the Hundial collections for the consecutive terms, against the revision petitioners.