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july 2010

Supreme Court of India · 2010-07-21

SYED MOHIDEEN vs RAMANATHAPURA PERIA MOGALLAM JAMATH &ORS

Citation / case number
SC 2002/9895
Court
Supreme Court of India
Petitioner
SYED MOHIDEEN
Respondent
RAMANATHAPURA PERIA MOGALLAM JAMATH &ORS
Author
MARKANDEY KATJU,T.S. THAKUR, , ,
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 Wakf Tribunal is deemed a civil court with powers akin to those of civil courts under the Code of Civil Procedure, 1908. The Court clarified that the Wakf Tribunal can issue injunctions as per Order XXXIX Rules 1 and 2 and Section 151 CPC if a case is made out, but refrained from commenting on the specifics of the injunction in the current case. The appeal was dismissed with no costs.

SYED MOHIDEEN vs RAMANATHAPURA PERIA MOGALLAM JAMATH &ORS · Niyam