P.K. Mammootty And Ors vs K.K. Nazeer And Ors

S.V.Bhatti, J

Petitioners in O.A.No.132 of 2017 before the Wakf Tribunal, Kozhikode are the petitioners. The petitioners filed O.A.No.132 of 2017 challenging

the order dated 8.11.2017 in O.P.No.141 of 2012 of Kerala State Waqf Board Divisional Office, Kozhikode. By Order dated 8.11.2017 appointed 5th

respondent as the returning officer to conduct election to the committee of plaintiff. The election to the committee of plaintiff was conducted on

25.12.2017. The petitioners filed I.A.No.59 of 2018 for amending the Original Application. The proposed amendment challenges the outcome of the

election conducted on 25.12.2017. The Tribunal, through the order impugned in the CRP, rejected the prayer of petitioner for amendment. Hence the

CRP.

Adv.K.Mohanakannan has re-iterated the very contentions put forward by the petitioners in support of their prayer for amendment of Original

Application. The Court in matters of this nature is required to appreciate the prayer in the Original Application and the proposed amendment. The

cause of action constituting bundle of facts enabling the parties to approach the Court must also be kept in mind while looking at the prayer for

amendment for including subsequent events. The challenge to election held on 25.12.2017 constitutes separate and independent cause of action. This

cannot be treated as consequential or subsequent to the cause of action by referring to which the lis in O.A.No.132/2017 is pending before the

Tribunal. Further deliberations of grounds of challenge to order in I.A.No.59 of 2018 is not necessary for we are in full agreement with the findings

recorded by the Wakf Tribunal. Revision fails. Accordingly dismissed. No order as to costs.