P.A.Abdul Saleem vs P.A.Ahammed Haji

A.M.Shaffique, J

This appeal is filed by the plaintiffs in O.S.No.1/2019 challenging an order dated 5.3.2019 in I.A.No.401/2019 passed by the Tribunal. The suit was filed inter alia seeking a declaration that the 1st plaintiff is a Muthavalli of the Wakf property and also for a consequential injunction restraining the defendants from interfering with the management of the Wakf. After trial I.A.No.401 of 2019 came to be filed by the plaintiff inter alia pointing out that there was a mistake in the relief portion that permanent prohibitory injunction has been sought. The injunction was sought against all the respondents including the Wakf Board who was a common party in the case. It is to amend the said relief portion that I.A.No.401 of 2019 was filed. But the Wakf Tribunal by its interim order dismissed the petition. We don't know the logic behind dismissal of an application for amending the relief portion especially when it is pointed out by the Tribunal itself that the Wakf Board has statutory power to interfere with the administration of the Muthavalli as per the provisions of the Wakf Act. Therefore the application was filed only to correct the mistake in the relief portion which ought to have been allowed by the Wakf Tribunal.

In the result, this revision is allowed. The impugned order is set aside. I.A.No.401 of 2019 shall stand allowed and the plaintiffs are permitted to amend the Original Suit as sought for.