High Court allowed Civil Revision Petition, set aside Wakf Tribunal's order rejecting plaint for non-payment of balance court fee, and enlarged time for payment.
Set aside judgment of Wakf Tribunal; enlarged time to remit balance court fee by 01.02.2008 for proceedings on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929
CRP.No. 1052 of 2007()
---------------------AGAINST THE ORDER DATED 16/10/2007 IN (WAKF TRIBUNAL) IN (W)OS.2/2005 of WAKF TRIBUNAL, ERNAKULAM
REVN. PETITIONER:
BY ADV. SRI.C.K.RAFEEK
RESPONDENTS:
BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU
SRI.JAGAN GEORGE
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
KURIAN JOSEPH & HARUN- UL-RASHID,JJ.
C.R.P.NO.1052 OF 2007
DATED THIS THE 22ND DAY OF JANUARY, 2008
O R D E R
KURIAN JOSEPH, J.
Petitioners in (W)O.S.No.2/05 on the file of the Wakf Tribunal , Ernakulam are the petitioners in this Civil Revision Petition. They are aggrieved by the judgment dated 16.10.2007 whereby the Wakf Tribunal rejected the plaint for non-payment of balance court fee. Though the prayers are vehemently opposed by the respondents, in view of the facts and circumstances as stated in the memorandum of Civil Revision Petition, we are satisfied that it is in the interest of justice that an opportunity be given to the petitioners by enlarging the time for payment of the balance court fee and prosecute the matter on merits. Accordingly, we set aside the judgment and decree in (W)O.S.No.2/05 on the file of the Wakf Tribunal, Ernakulam. The petitioners/plaintiffs may remit the balance court fee on or before 01.02.2008. Thereafter the Wakf Tribunal shall dispose of the matter in accordance with law expeditiously. It is made clear that in case the balance court fee is not paid on or before 01.02.2008, the C.R.P. itself will stand dismissed.
KURIAN JOSEPH, JUDGE.
HARUN- UL-RASHID,JUDGE.
dsn
1 issue framed by the court
Whether to set aside the order rejecting the plaint for non-payment of balance court fee and allow time for payment.
M/S. ASYA BAI TRUST
M/S. SANANA ISLAMIYA TRUST
V.H. MUHAMMED RAFEEK
M/S. SEALINE HOTELS PVT. LIMITED
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
