ABDUL PAAZID Vs. N S MOHAMED IQBAL

JUDGEMENT

(1.) THIS revision is filed by the defendants in the suit under Article 227 of the Constitution of India. The suit filed by the plaintiff praying for a permanent injunction restraining the defendants from interfering with the administration of accounts and possession of the plaintiff and jamath proceedings. The plaintiff claims to have been elected as a Muthavalli on 18. 06. 2005 unanimously by the Jamath members and from the date of the election he has been continuing to function and the defendants have been interfering since the first defendant has been earlier the Muthavalli of the Jamath. In the Pending suit, the plaintiff has filed I. A. No. 10 of 2006 on the file of Trial Court praying for an order of interim injunction and the Trial Court has granted an order of exparte interim injunction.

(2.) THE third defendant has filed the counter. According to the defendants the Jamath has elected one Mohamed Faruk, S/o Nizamutheen as Muthavalli on 01. 01. 2006 and he is functioning as a Muthavalli, having control over Pallivasal and its properties. The defendants also denied that the plaintiff was elected as Muthavalli and there was no meeting held on 15. 06. 2005 to elect Muthavalli at all.

(3.) ACCORDING to the defendants, the plaintiff has no locus standi to maintain the suit unless the plaintiff establishes that he was validly elected as Muthavalli. When the matter came up for final hearing Mr. S. Y. Mazood who has appeared on behalf of the petitioners has made his submission, however, in spite of the fact that the respondents was represented through counsel, no one appeared.