High CourtDivision BenchAppeal dismissed.

Syed Mohideen & Anr. v. Ramanathapura Peria Mogallam Jamath & Ors.

Case / Petition Number:Civil Appeal No. 492 of 2003
Neutral Citation:[2010] 8 S.C.R. 777

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Markandey Katju
  • T. S. Thakur
Judgment Date
2010-07-21
Court Decision / Holding
Appeal dismissed. The Wakf Tribunal is deemed a civil court and may issue interim injunctions in suits triable by it under CPC provisions if a case for interim relief is made out. These observations clarify the scope of the Wakf Tribunal’s powers and do not express a decision on whether such a case existed in this matter. The High Court’s remand is affirmed, and the Tribunal should decide uninfluenced by observations in this order or the impugned order. No costs.
Final Disposition
Appeal dismissed.

Parties to the Case

Appellants / Petitioners

  • Syed Mohideen & Anr.

Respondents

  • Ramanathapura Peria Mogallam Jamath & Ors.

Legal Representation & Advocates

Counsels for Petitioners

  • • K.V. Viswanathan
  • • B. Ragunath

Counsels for Respondents

  • • K. Raniamoorthy
  • • Hari Shankar K.
  • • Vikas Singh Jangra

Case Synopsis & Summary

Syed Mohideen & Anr. v. Ramanathapura Peria Mogallam Jamath & Ors. concerns a dispute under the Wakf Act, 1995, before the Wakf Tribunal and the Madras High Court, culminating in a Supreme Court decision on the scope of interim relief. The High Court of Judicature at Madras had remanded the matter, observing that certain points were not considered by the Wakf Tribunal, which should have been taken into account. The Court agrees with that view and clarifies the powers available to the Wakf Tribunal. Under Section 83(5) of the Wakf Act, 1995, the Wakf Tribunal is deemed to be a civil court and has the same powers as civil courts under the CPC while trying a suit or executing a decree or order. Civil courts are competent to issue injunctions in terms of Order 39, Rules 1 and 2, and Section 151 CPC; similarly, these orders can be passed by the Wakf Tribunal in suits triable by it if a case for interim injunction has been made out by the party. The Court emphasizes that these observations do not express a determination on whether such a case exists in this matter; they simply articulate the scope of the Wakf Tribunal’s powers. If the Wakf Tribunal, after considering relevant facts and circumstances, concludes that interim injunctive relief is warranted, it shall be free to issue such injunction. With these observations the appeal is dismissed, and no costs are awarded. The Tribunal should decide uninfluenced by observations in the order or the impugned order.

Provisions of Law Cited

Wakf Act, 1995, s. 83(5)Code of Civil Procedure, 1908, Order XXXIX, Rules 1 and 2Code of Civil Procedure, 1908, s. 151

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the Wakf Tribunal operates under the Wakf Act, 1995 with powers analogous to a civil court under the CPC. They emphasized that interim injunctions are a standard instrument available to civil courts under Order XXXIX and Section 151 CPC, and that the Wakf Tribunal should possess equivalent authority in matters triable by it. They urged that, if the circumstances justify a stay or injunction, the Wakf Tribunal must exercise such power to preserve rights and avert irreparable harm pending final disposition. The appeal centered on the scope of this injunctive power and whether the Wakf Tribunal’s framework permits interim relief in the proceeding at hand; the High Court’s remand indicated that not all relevant considerations had been addressed by the Wakf Tribunal.

Contentions of Respondents

The respondents likely argued for the restraint or cautious application of injunctive relief, suggesting that the Wakf Tribunal’s power to grant interim injunctions is not to be invoked unless the factual and legal prerequisites are clearly established. They supported the High Court’s remand, indicating that the Tribunal should fully consider relevant facts before granting such relief and that the appellate court should refrain from premature pronouncements on the existence of a case for interim relief in this matter. They pressed for a careful assessment of the matter, rather than a broad expansion of powers, to ensure that injunctive orders align with statutory provisions and the rights of all parties.

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Extracted Judgment Text

Exact text extracted from official judgment records.

[2010] 8 S.C.R. 777 A ## SYED MOHIDEEN & ANR. _v._ RAMANATHAPURA PERIA MOGALLAM JAMATH & ORS. (Civil Appeal No. 492 of 2003) JULY 21, 2010 B ## **[MARKANDEY KAT JU AND T.5. THAKUR, JJ.]** _Wakf Act, 1995:_ _s. 83(5)_ - _Wakf Tribunal_ - _Power of_ - _HELD: Wakf Tribunal is deemed to be_ a _civil court and has the same_ C _powers_ as _are exercised by civil couFt under the Code of Civil Procedure while trying_ a _suit or executing_ a _decree or order_ - _Civil courts are competent to issue injunctions in terms of Or. 39, rr. 1 and 2 and s.151 CPC_ - _Similar orders can, therefore, be_ passed _by the Wakf Tribunal_ a/so _in suits that_ D _are legally triable by it_ - _If the Wakf Tribunal, upon consideration of 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_ - _Code of Civil Procedure, 1908_ - _Or. 39, rr. 1 and 2 and_ E - _s.151 Injunctions._ E CIVIL APPELLATE JURISDICTION: Civil Appeal No. 492 of 2003. From the Judgment & Order dated 24.01.2002 of the High Court of Judicature at Madras in CRP No. 1430 of 2001. F K.V. Viswanathan, B. Ragunath (for Vijay Kumar) for the Appellants. K. Raniamoorthy, Hari Shankar K., Vikas Singh Jangra for the Respondents. G The following order of the Court was delivered ## **ORDER** H The application for substitution is allowed. 777 [2010] 8 S.C.R. 778 SUPREME COURT REPORTS A 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. 8 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 C 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 D 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 E 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 F 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 G 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. R.P. Appeal dismissed. H