Baffaki Yatheem Khana v. Abdulla Koya
Case brief
What is this about?
A two-judge bench reversed the dismissal of an application for amendment of a written statement in a Wakf Tribunal suit, directing the Tribunal to allow the petitioners to file an additional written statement before trying the suit, which must be disposed of within six months.
What did the court decide?
The Tribunal is directed to allow the petitioners to file an additional written statement and dispose of the suit within six months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938
CRP.No. 666 of 2005 ( )
AGAINST THE ORDER/JUDGMENT IN OS 6/2003 of WAKF TRIBUNAL, KOZHIKODE DATED 18-03-2005
PETITIONERS/PETITIONERS::
- BAFFAKI YATHEEM KHANA, REPRESENTED BY ITS SECRETARY, TIRUR TALUK, VALAVANNOOR AMSOM, DESOM, MALAPPURAM DISTRICT.
- KANANCHERI MAMBARA SYED MUHAMMED KOYATHANGAL, THANGAL HOUSE, VILAVOOR AMSOM, KARINGANATTU DESOM.
- KANANCHERI MAMBRA ABDULLA KOYA THANGAL, SHEHARIYAS, NIRANTHALAM VAYAL ROAD, KALLAI.
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the Tribunal's dismissal of an application for amendment of a written statement.
Whether the sentence sought to be deleted contained an admission warranting amendment.
Whether the petitioners should be given a last chance to file an additional written statement.
Parties & counsel
- petitioner
KAANANCHERI MAMBRA SYED MUHAMMED KOYATHANGAL
- respondent
ABDULLA KOYA
- respondent
KERALA WAKF BOARD
Coram
Case details
As recorded by the court registry
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