Supreme Court of India · 2019-08-01
Aliyathammuda Beethathebiyyappura ... vs Pattakal Cheriyakoya .
- Citation / case number
- AIR 2020 SUPREME COURT 2892
- Court
- Supreme Court of India
- Petitioner
- Aliyathammuda Beethathebiyyappura ...
- Respondent
- Pattakal Cheriyakoya .
- Author
- Mohan M. Shantanagoudar
- Bench
- N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi
Judgment text excerpt
The Supreme Court allowed the Interlocutory Application for deleting certain parties from the appeal and upheld the High Court's decision regarding the management of the Andrott Jumah mosque. The Court noted that the office of mutawalli is claimed by the Pattakal family based on customary rights, while the appellants argued for management by an elected committee as per a compromise decree from 1981. The Court emphasized the need for proper evidence regarding the management system and the validity of the compromise decree under Order XXIII Rule 3B of the CPC, ultimately affirming the High Court's remand for fresh disposal of the case.