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.