Case Summary
The case involves Abdul Latheef.K.P, the plaintiff, seeking an injunction against the defendants who are the president and secretary of the Mundottu Mahallu Committee. The plaintiff claims he is being denied participation in the committee due to a shifting of residence.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit filed is not maintainable in this court and has returned the plaint for presentation before the proper court, which is the Waqf Tribunal, Kozhikode.
Key Reasoning:
The court concluded that it lacks jurisdiction to try the case as per recent rulings regarding disputes related to waqf properties.
The court concluded that it lacks jurisdiction to try the case as per recent rulings regarding disputes related to waqf properties.
Why Defendant Won:
The court concluded that it lacks jurisdiction to try the case as per recent rulings regarding disputes related to waqf properties.
The court concluded that it lacks jurisdiction to try the case as per recent rulings regarding disputes related to waqf properties.
Supporting Evidence
The court ruled that as per Section 83 of the Waqf Act, it covers the entire gamut of possible disputes in relation to any waqf or waqf property.
Judgment Evidence:
Considering the same and in the light of the decision cited supra, I am of the view that the said suit is not maintainable here and this court does not have the jurisdiction to try the case.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef.K.P
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aboobacker Haji
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Imbichiammed Haji
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State Waqf Board
- Relation
- Rep by Chief Executive Officer
- Party Role
- Defendant
- Party Name
- Abdul Rasheed. K. P.
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Munodottu Mahallu Committee
- Relation
- Rep. by President
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Afsal Shareef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.V.Noorjahan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought directions to accept the perunnal panam and issue membership.
Evidence:
Considering the same and in the light of the decision cited supra, I am of the view that the said suit is not maintainable here and this court does not have the jurisdiction to try the case.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought to restrain the defendants from preventing participation in the general body.
Evidence:
Considering the same and in the light of the decision cited supra, I am of the view that the said suit is not maintainable here and this court does not have the jurisdiction to try the case.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Abdul Latheef.K.P vs Aboobacker Haji et al regarding mandatory injunction and permanent prohibitory injunction.
Case Code Year
Case between Abdul Latheef.K.P vs Aboobacker Haji et al regarding mandatory injunction and permanent prohibitory injunction.