Civil Revision Petition filed under Article 226 of the Constitution of India to set aside the Judgment and Decree, dated 24.07.2012 passed in O.S.No.197 of 2006 on the file of the Wakf Tribunal (Principal Sub court), Thirunelveli. The Court closed the petition upon recording an undertaking.
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CRP(MD).No.2329 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
CRP(NPD)(MD).No.2329 of 2012 and MP(MD).Nos.1 of 2012 and 2013
K.M.Muhaideen (name of the petitioner is substituted vide Court order, dated 14.07.2023 made in CMP(MD).No.8544 of 2023 in CRP(MD).No.2329 of 2012) .. Petitioner
Vs
M.Diwan Pakkir Mohideen .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Judgment and Decree, dated 24.07.2012 passed in O.S.No.197 of 2006 on the file of the Wakf Tribunal (Principal Sub court), Thirunelveli.
For Petitioner : Mr.D. Nallathambi For Respondent : Mr. M.P. Senthil
ORDER
CRP(MD).No.2329 of 2012
The present revision has been filed by the defendant in O.S.No.197 of 2006 on the file of the Wakf Tribunal (Principal Sub Court, Thirunelveli). The respondent herein as plaintiff had filed a suit in O.S.No.181 of 2003 on the file of the Principal District Munsif Court, Thirunelveli for the relief of permanent injunction restraining the defendant and other members of the defendant Pallivasal from interfering with the peaceful possession and enjoyment of the scheduled land and the school run by the plaintiff's Jamath.
side dismissed the suit on 21.03.2005. The plaintiff had filed A.S.No.141 of 2005 before the II Additional Sub Court, Thirunelveli. The First Appellate Court had found that the issue relates to the Wakf Property and therefore, Wakf Tribunal alone has got jurisdiction to entertain such suit. After arriving at such a finding, the First Appellate Court remanded the matter to the trial Court for passing appropriate orders. The trial Court after remand, passed a detailed order returning the plaint under Order 7 Rule 10 CPC. Thereafter, the plaintiff has chosen to file plaint before the Wakf
CRP(MD).No.2329 of 2012
Tribunal (Principal Sub Court, Thirunelveli). The suit was re-numbered as O.S.No.197 of 2006.
CRP(MD).No.2329 of 2012
counsel before this Court in the revision.
stands closed. No costs. Consequently, the connected Miscellaneous Petition is closed.
21.07.2023
Index: Yes/No Internet : Yes/No trp
CRP(MD).No.2329 of 2012
To
The Wakf Tribunal (Principal Sub court), Thirunelveli.
CRP(MD).No.2329 of 2012
R.VIJAYAKUMAR, J.
trp
CRP(NPD)(MD).No.2329 of 2012 and MP(MD).Nos.1 of 2012 and 2013
21.07.2023
2 issues framed by the court
Whether the grievance regarding non-admission of petitioner's children in respondent's school is satisfiable by undertaking.
Whether any order is required in the revision after recording the undertaking.
K.M.Muhaideen
M.Diwan Pakkir Mohideen
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
