Allowed

T.I. Varghese v. the Chief Executive Officer, Kerala State Wakf Board

Kerala HC11 Jun 2018CRP(WAKF)/430/2018

Case brief

AI extract

What is this about?

The High Court permitted the withdrawal of a Waqf Tribunal order without liberty to sue fresh, holding that such withdrawal requires court leave. The revision petition was disposed of accordingly.

What did the court decide?

Permission granted to withdraw Original Application No. 7/2016 filed before the Waqf Tribunal without liberty to institute a fresh suit.

T.I. Varghese Vs the Chief Executive Officer… — 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 K.HARILAL & THE HONOURABLE MR. JUSTICE A.M.BABU

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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CRP(WAKF).No. 430 of 2018

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WOA 7/2016 of WAKF TRIBUNAL, ERNAKULAM DATED 10-10-2017

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PETITIONER/APPLICANT

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T.I. VARGHESE S/O. IYPE, AGED 83 YEARS, THANICKAL HOUSE, ROOM.X/1952, CHETTIYANGADI HANAFI MUSLIM JAMA-ATH, CHETTIYANGADI P.O, THRISSUR - 680 001.

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BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

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RESPONDENTS/RESPONDENTS:

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THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD VIP ROAD, NEAR INTERNATIONAL STADIUM, KALOOR, KOCHI - 682 017.

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MUTHAVALLY,

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CHETTIYANGADI HANAFI MUSLIM JAMA-ATH,

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CHETTIYANAGADI P.O, THRISSUR - 680 001.

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THE KERALA WAKF BOARD,

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REPRESENTED BY CHIEF EXECUTIVE OFFICER,

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VIP ROAD, NEAR INTERNATIONAL STADIUM,

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KALOOR, KOCHI - 17.

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BY ADV. ABDUL JABBAR(BY ORDER)

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BY SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD

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THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 11-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.HARILAL & A.M.BABU, JJ.

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- - - - C.R.P.(WT).430 of 2018 - - - - - - - - - - - - - - Dated : 11^th June, 2018

ORDER

Harilal, J

1.The learned counsel for the revision petitioner sought for permission to withdraw Original Application No.7/2016 filed before the Waqf Tribunal, Ernakulam. It is settled by the decision of this court in Choice School v. Salim (2008 (2) KLT 350) that the appeal being a continuation of the suit, the courts have taken the view that Order XXIII Rule 1 of CPC applies to appeal as well and the leave of the court is required only if the applicant seeks permission to withdraw the Original Application with liberty to institute a fresh Suit. In the instant case, no kind of liberty has been sought for. Therefore, the applicant/revision petitioner is allowed to withdraw W.O.A.7/2016 filed before the Waqf tribunal.

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2.In the above view, W.O.A.7/2016 stands dismissed as withdrawn. This revision is disposed of accordingly.

Sd/-

K.HARILAL Judge

Sd/-

A.M.BABU

Judge

Mrcs/12.6.

/True copy/

T.I. Varghese v. the Chief Executive Officer, Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

T.I. Varghese v. the Chief Executive Officer, Kerala State Wakf Board

Case brief

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