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july 2010

Supreme Court of India · 2010-07-21

Syed Mohideen & Anr vs Ramanathapura Peria Mogallam Jamath ...

Citation / case number
AIR 2011 SC (CIVIL) 1727
Court
Supreme Court of India
Petitioner
Syed Mohideen & Anr
Respondent
Ramanathapura Peria Mogallam Jamath ...
Bench
Markandey Katju, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the High Court's order remanding the matter to the Wakf Tribunal, emphasizing that under Section 83(5) of the Wakf Act, 1995, the Tribunal functions as a civil court with powers akin to those under the Code of Civil Procedure, 1908. The Court clarified that the Tribunal can issue injunctions similar to civil courts if warranted by the case, but refrained from expressing any opinion on the merits of the injunction request in the current matter. Consequently, the appeal was dismissed without costs.

Syed Mohideen & Anr vs Ramanathapura Peria Mogallam Jamath ... · Niyam