SYED MOHIDEEN & ANR. v.

RAMANATHAPURA PERIA MOGALLAM JAMATH & ORS. (Civil Appeal No. 492 of 2003)

JULY 21, 2010 [MARKANDEY KATJU AND T.S. THAKUR, JJ.]

2010 (8) SCR 777

The following order of the Court was delivered

ORDER

The application for substitution is allowed.

Heard learned counsel for the parties.

This appeal has been filed against the impugned order of the  

High  Court  of  Judicature  at  Madras  dated  24th  January,  2002  

passed in C.R.P. No.1430 of 2001.

The facts in detail have been set out in the impugned order and  

hence we are not repeating the same here.

Having  gone  through  the  impugned  order,  we  noticed  from  

paragraphs 20 & 21 of the impugned order that the High Court has  

only observed that certain points were not considered by the Wakf  

Tribunal which should have been taken into consideration. Hence,  

the High Court remanded the matter.

We agree with the aforesaid observations of the High Court and  

see no reason to interfere with the same. We, however, may make  

it  clear that in terms of Section 83(5) of  the Wakf Act,  1995 the  

Wakf  Tribunal  is  deemed to  be  a  civil  court  and  has  the  same

powers  as  are  exercised  by  civil  court  under  the  Code  of  Civil  

Procedure, 1908 while trying a suit or executing a decree or order.  

The civil courts are in turn competent to issue injunctions in terms of  

Order XXXIX Rules 1 and 2 and Section 151 C.P.C. Similar orders  

can, therefore, be passed by the Wakf Tribunal also in suits that are  

legally triable by it if a case for grant of such injunction or direction  

is made out by the party concerned. These observations shall not,  

however,  be  understood  to  mean  that  we  are  expressing  any  

opinion on whether a case for grant of an injunction had been made  

out in the matter at hand. All that we wish to clarify is that if the  

Wakf  Tribunal  upon  consideration  of  all  the  relevant  facts  and  

circumstances  comes to  the  conclusion  that  a  case for  grant  of  

interim injunction has been made out it shall be free to issue any  

such injunction. With these observations the appeal is dismissed.  

The Tribunal  shall  take a view uninfluenced by any observations  

made in this order or the order impugned before us. No costs.