Supreme Court · 2010 INSC 413 · Decided 21 July 2010

Syed Mohideen & ANR. v. Ramanathapura Peria Mogallam Jamath & ORS.

Court
Supreme Court of India
Citation
2010 INSC 413 · [2010] 8 S.C.R. 777
Case number
CIVIL APPEAL No. 492/2003
Decided
21 July 2010
Bench
MARKANDEY KATJU, T.S. THAKUR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 151

Headnote

Wakf Act, 1995: A B 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 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

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