The court allowed the revision petitioner to withdraw the underlying Original Application No.9/2016 filed before the Waqf Tribunal, applying the principles laid down in Choice School v. Salim regarding withdrawal without liberty to sue afresh.
Withdrawal of W.O.A.9/2016 before Waqf Tribunal allowed; Revision petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940
WOA 9/2016 of WAKF TRIBUNAL, ERNAKULAM
REVISION PETITIONER/APPLICANT
K.K. VENUGOPAL S/O.KIZHUPPILLY KRISHNAN, AGED 60 YEARS, REPRESENTED BY POWER OF ATTORNEY HOLDER, P.G.VIJAYAN, S/O.PARAMMEKKAVU VELUTHEDATH GOPALAKRISHNAN, ROOM X/1953, CHETTIYANGADI HANAFI MUSLIM JAMA-ATH, CHETTIYANGADI PO, TRISSUR 680001
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENTS/RESPONDENTS:
R1 BY ADV. SRI.P.A..ABDUL JABBAR (CAVEATOR) SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 11-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HARILAL & A.M.BABU, JJ. - - - - - - - - - - - - - C.R.P.(WT).309 of 2018
ORDER
Harilal, J
Sd/-
K.HARILAL Judge
Sd/-
A.M.BABU Judge
Mrcs/12.6.
/True copy/
1 issue framed by the court
Whether the revision petitioner is entitled to withdraw the underlying Original Application filed before the Waqf Tribunal without seeking liberty to file a fresh suit.
Colour shows how this judgement treated each authority
Choice School v. SalimExplained¶19
(2008 (2) KLT 350)
1 provisions across 1 enactments
K.K. Venugopal
The Chief Executive Officer Kerala State Wakf Board
Muthavally Chettiyangadi Hanafi Muslim Jama-ath
K Harilal
A M Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
