Dismissed

Kondotty Thakkeyekkal Mureed Co-Ordination Committee v. K.T.Muhammed Ismail Thangal

Kerala HC15 Feb 2018CRP/548/2012

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Civil Revision Petition challenging the confirmation of a previous order regarding jurisdiction. The court observed that parties admitted a parallel suit is pending before the Wakf Tribunal on the same subject matter and affirmed that the trial Court and District Judge correctly directed adjudication by the Tribunal. Consequently, the Revision was dismissed wit

What did the court decide?

The Civil Revision Petition is dismissed without costs.

Kondotty Thakkeyekkal Mureed Co-Ordination… — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939

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CRP.No. 548 of 2012

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AGAINST THE JUDGMENT IN CMA.NO.24/2012 DATED 22.11.2012, OF THE DISTRICT COURT,MANJERI

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ORDER DATED 16.7.2012 IN I.A.NO.1180 OF 2012 IN O.S.NO.82 OF 2012 OF THE SUBORDINATE JUDGES COURT, MANJERI.

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REVISION PETITIONERS/APPELLANTS/ RESPONDENTS/ PLAINTIFFS:

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1 KONDOTTY THAKKEYEKKAL MUREED CO-ORDINATION COMMITTEE REPRESENTED BY ITS CONVENER, M.POKKERKUTTY HAJI, S/O. VEERANKUTTY, MALIAKKAL HOSUE , CALICUT AIRPORT POST, KONDOTTY, MALAPPURAM DISTIRICT.

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2 KOZHIKKODAN ABDURAHIMAN HAJI, S/O BEERANKUTTY, KOZHIKKODAN HOUSE, THAITHOTTATHIL, KODIMARATHINGAL, KONDOTTY POST, MALAPPURAM DISTRICT.

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BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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RESPONDENTS/RESPONDENTS/PETITIONER/DEFENDANTS:

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K.T.MUHAMMED ISMAIL THANGAL S/O SHIHABUDHEEN THANGAL, VALIYAMALIKEKKAL HOUSE, KONDOTTY POST, KONDOTTY AMSOM AND DEOSM, MALAPPURAM DISTRICT 673 638.

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K.T. MUHAMMED HUSSAIN@ KUNHIMON, S/O K.T. MUHAMMED SWALIH THANGAL, PUTHANMALIYEKKAL HOUSE, KONDOTTY POST, KONDOTTY AMSOM AND DESOM,

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MALAPPURAM DISTRICT 673 638.

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R1 BY ADV. SRI.K.M.SATHYANATHA MENON

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R1 BY ADV. SMT.KAVERY S THAMPI

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R2 BY ADV. SRI.DEVAPRASANTH.P.J.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.Somarajan, J.

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C.R.P.No.548 of 2012 (C)

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Dated this the 15^th day of February, 2018

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O R D E R

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The Revision is filed against the judgment in C.M.A.No.24 of 2012, dated 22.11.2012, of the District Court, Manjeri. The plaint was returned under Order VII Rule 10 of

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the Code of Civil Procedure for presenting before the court having jurisdiction over the matter as per lex fori lex locci by

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the order dated 16.7.2012 in I.A.No.1180 of 2012 in O.S.No.82 of 2012 of the Sub Court, Manjeri. It was challenged before the District Court, Manjeri in C.M.A.No.24 of 2012 and the learned District Judge confirmed the order passed by the learned Sub Judge, against which this Revision is filed.

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During the course of arguments, both the counsel conceded that another suit was also filed by one of the parties to the suit against the other parties before the concerned

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C.R.P.No.548 of 2012 (C)

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:: 2 ::

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Wakf Tribunal in connection with the dispute pertaining to the appointment of muthavally and allied matters. The present suit was filed by one of the parties for the very same relief by way of injunction. The lower court has rightly found that the matter has to be adjudicated before the Wakf Tribunal and it was confirmed by the learned District Judge. Nothing was brought out to my notice for having interference by way of Revision. On the other hand, both the parties submitted to the jurisdiction of Wakf Tribunal by raising their respective contentions in the suit pending before it and now the trial is going on in that suit. As such, I am of the view that the present Revision fails, deserves only dismissal and I do so, but without costs.

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P. Somarajan Judge

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ahz/

Kondotty Thakkeyekkal Mureed Co-Ordination Committee v. K.T.Muhammed Ismail Thangal

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Kondotty Thakkeyekkal Mureed Co-Ordination Committee v. K.T.Muhammed Ismail Thangal

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