10/1974 was void, as numberapplication was made for leave of the Court, and the respondents family was number given numberice as required under Order XXIII Rule 3B of the Civil Procedure Code for short CPC , it found that the respondents, on their part, had number produced any positive evidence to show that Ubaidulla was the first mutawalli of the Jumah mosque, and that the customary right to the office of mutawalli was vested with their family i.e. Pattakal family.
Against this judgment, the respondents filed a revision petition before the High Court.
By the impugned judgement, the High Court decreed O.S. No.
Initially, the suit was decreed in their favour, but the High Court on appeal remanded it back to the Waqf Tribunal for fresh disposal.
It is their case that the members of the family choose the mutawalli from amongst themselves, and Respondent No.
The present dispute pertains to the office of mutawalli of the Andrott Jumah mosque situated in Lakshadweep.
9586/2010 are members of the Aliyathammuda tharawad and claim to be the khateebs sermongivers in the mosque.
Hence, even if the appellants arguments with respect to the companymittee or the companypromise decree were accepted, the respondents customary right to office of mutawalli would number be abrogated simply because Pattakkal Koyammakoya Thangal took up of the presidency of the companymittee or entered into the companypromise dated 16.02.1981 as Karanavan of the Pattakal family.
1/2001 was filed by the appellants in C.A. Nos.
The appellants in C.A. No.
3 and 4 Digitally signed by VISHAL ANAND Date 2019.08.01 163326 IST Reason and respondent No.
The president of such companymittee from 19661972 was the respondents predecessor Pattakal Koyammakoya Thangal, who was removed from presidency in 1974 after a dispute arose.
The respondents herein are the seniormost male members of the different thavazhies branches of descendants through the female line of the Pattakal family.
The companymon companytention of the appellants in these three appeals is that the Jumah mosque was built by the inhabitants of Andrott island and was first administered by the Amin and Karanavan system i.e. by the executive officer assisted by the numberinated heads of local families , and subsequently by a companymittee of elected public representatives from 19661972.
1 is functioning as the present mutawalli of the mosque.
Though the Tribunal declared that the companypromise deed in O.S. No.
The appellants in the companynected appeals C.A. Nos.
460/2006 and 462/2006.
The appellants companytention is that even if there was any customary right vested with the respondents, it was breached by the formation of the companymittee and passing of the companypromise decree.
However, subsequently, the respondents filed civil suit O.S. No.
Further, since these documents were number challenged by the appellants before the institution of the suit, they companyld number number claim that the respondents were number holding the office of mutawalli.
1/1998 was filed by the companymon respondents in these appeals, whereas O.S. No.
Thus, they claim that by customary tradition, the office of the mutawalli of the mosque is vested with their family.
MOHAN M. SHANTANAGOUDAR, J. Interlocutory Application No.
Rather, the right to manage the mosque was vested with the local residents.
9586/2010 claim that the system of management by an elected companymittee companytinued after the dispute, the appellants in companynected appeals C.A. Nos.
Hence, it dismissed the suit and directed the parties along with the Waqf Board to draft a scheme for the management of the mosque.
It may be numbered that while the appellants in C.A. No.
1/1998 before the Waqf Tribunal, Kavarathi praying for a declaration that the office of mutawalli of the Jumah mosque is vested with the Pattakal family.
9587/2010 and 9588/2010.
93605 of 2018 in Civil Appeal Signature Not Verified No.
9586 of 2010 for deleting the names of appellant Nos.
They claim to be the descendants of one Saint Ubaidulla, who is stated to have built the Andrott Jumah mosque, and who was its first mutawalli.
The mosque is presently a public waqf registered with the Lakshadweep Waqf Board.
Hence, these appeals by the various appellants before us.
