Court dismissed C.R.P. No.292 of 2018 as infructuous because the main matter was disposed of and the challenge was against an interlocutory order. Pending interlocutory applications dismissed.
C.R.P. dismissed; all pending interlocutory applications dismissed.
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 A.HARIPRASAD
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
CRP(WAKF).No.292 of 2018
AGAINST THE ORDER IN IA NO.100 F 2018 IN OS 5/2018 of WAKF TRIBUNAL, KOZHIKODE.
PETITIONER :
T.MUHAMMED ALI, S/O IBRAHIM, AGED 60, PRESIDENT, CHEEKKONNU VALIYA JUMA-ATH PALLI COMMITTEE, CHEEKKONNU WEST PO, NARIPATTA, VATAKARA, KOZHIKODE DISTRICT-673 507.
BY ADVS. SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN, SRI.P.M.NEELAKANDAN & SRI.SABU GEORGE
RESPONDENTS :
1 KRISHNA PRABHA P.P, AGED 62, (D/O V. KRISHNAN & W/O A.K SURESH CHANDRA) MANAGER, PATHIRIPATTA U.P SCHOOL, PATHIRIPPATTA PO, (ALSO PADIRIPETTA PO) KOZHIKODE DISTRICT-673 507.
BY ADV. SRI.R.K.MURALEEDHARAN.
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 09.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.HARIPRASAD & SHIRCY.V, J J.
CRP (Wakf) No.292 of 2018
Dated this the 9th day of July, 2019
O R D E R
A.HARIPRASAD, J
Learned counsel for the petitioner submitted that the matter has
become infructuous, as the challenge in the revision is against an
interlocutory order and the main matter itself has been disposed of.
A memo filed to that effect on 01-07-2019 is recorded. C.R.P is dismissed.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD,
JUDGE.
SHIRCY.V,
JUDGE
amk
CRP(WAKF).No.292 of 2018 -3-
APPENDIX
PETITIONER'S EXHIBITS :
| EXHIBIT P1 | : | DATED 25-05-2017 - A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING BO.A14-3727/2016. |
|---|---|---|
| EXHIBIT P2 | : | DATED 30-01-2018 - A TRUE COPY OF THE PLAINT IN O.S NO.5 OF 2018 ON THE FILE OF THE WAKF TRIBUNAL, KOZHIKODE. |
| EXHIBIT P3 | : | DATED 30-01-2018 - A TRUE COPY OF THE AFFIDAVIT AND SCHEDULE IN I.A NO.100 OF 2018 IN O.S NO.5 OF 2018. |
| EXHIBIT P4 | : | DATED 27-02-2018 - A TRUE COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS 1 AND 2 (RESPONDENT NOS.2 AND 3 HEREIN) IN O.S NO.5 OF 2018 BEFORE THE WAKF TRIBUNAL, KOZHIKODE. |
| EXHIBIT P5 | : | DATED27-02-2018 - A TRUE COPY OF THE COUNTER STATEMENT FILED BY RESPONDENT NOS.1 AND 2 (RESPONDENT NOS.2 AND 3 HEREIN) IN I.A NO.100 OF 18 IN O.S NO.5 OF 2018 BEFORE THE WAKF TRIBUNAL, KOZHIKODE. |
| EXHIBIT P6 | : | DATED 13-02-2018 - A TRUE COPY OF THE COUNTER STATEMENT OF THE PETITIONER HEREIN, FILED IN O.S NO.5 OF 2018. |
| EXHIBIT P7 | : | DATED 14-03-3018 - A CERTIFIED COPY OF THE INTERIM ORDER IN I.A NO.100 OF 2018 IN O.S NO.5 OF 2018 PASSED BY THE WAKF TRIBUNAL, KOZHIKODE. |
RESPONDENT'S EXHIBITS : NIL.
1 issue framed by the court
Whether the C.R.P. striking challenge to an interlocutory order of the Wakf Tribunal is maintainable when main matter disposed of.
T.MUHAMMED ALI
KRISHNA PRABHA P.P
THE KERALA STATE WAQF BOARD
THE DIVISIONAL OFFICER, KERALA STATE WAKF BOARD
RASHEED T.M
A.HARIPRASAD
SHIRCY.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
