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ORIGINAL SUIT NO. 53 OF 2014

Case between Thayyil Kothakath Muhammed et al vs Muhammed et al regarding excommunication and damages

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-08-11
Duration
3 years 13 days
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Case Summary

Four plaintiffs filed a suit seeking a mandatory injunction to withdraw the declaration of excommunication by the defendants and a declaration that the excommunication order is illegal, along with damages.

Judgment Outcome

Defendant Won
Interim Order
The court ruled that the case falls under the jurisdiction of the Wakf Tribunal as it pertains to matters concerning the Mahal committee and the Juma Masjid Committee.
Judgment Favored
Defendant
Relief Granted
Case dismissed due to lack of jurisdiction
Case Type
Civil Suit - Injunction and Declaration
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

Framed a preliminary issue on the jurisdiction of the court and returned the case to the proper court due to the matter coming under the jurisdiction of the Wakf Tribunal.

Parties Involved

Plaintiffs

Thayyil Kothakath Muhammed (50 years) Medippara, Post Ananthavoor, Tirur Taluk Muhammed Faisal (32 years) Puthanvalappil House, Kanmanam Post, Tirur Taluk V.P. Saithu (58 years) Vattaparambil House, Kanmanam Post, Tirur Taluk K. Ali (45 years) Kavumpurath House, Kanmanam Post, Tirur Taluk

Defendants

Muhammed @ Kunhappu Haji (70 years) Residing at Ayappalli Kalluvalappil House, Kanmanam Post, Tirur Taluk A.K. Abdurehiman (55 years) Residing at Ayappalli Kalluvalappil House, Kanmanam Post, Tirur Taluk A.K. Mujeeb Rehman (33 years) Residing at Ayappalli Kalluvalappil House, Kanmanam Post, Tirur Taluk Puthan Valappil Muhammed (60 years) Kanmanam Amsom, Desom, & Post, Tirur Taluk Kanmanam Jum Masjid Committy (Age not specified years) Kanmanm Amsom, Desom, & Post, Tirur Taluk

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Withdrawal of the excommunication order against the plaintiffs
Evidence:
Relief Type: Declaration
Outcome: Refused
Description:
Excommunication order declared illegal
Evidence:
Relief Type: Damages
Outcome: Not Decided
Description:
Claim for damages
Evidence:

Documents & Evidence

Document Type: Notice
Submitted By: Plaintiff
Relevance:
Documented the attempt to resolve the dispute before filing the suit.
Reference:
Notice issued against defendants

Quick Facts

Location
Tirur
Case Filed
Mon, 08/11/2014 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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