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.