HC holds that civil courts have jurisdiction to order execution of decree on Waqf disputes

Petitioners challenge a civil court’s dismissal of a petition filed by them seeking to execute the decree that was passed before the commencement of the Waqf Act. HC asks munsiff court to proceed with the execution petition and pass an order in three months

The Kerala High Court has held that a civil court has the jurisdiction to execute a decree passed by a civil court on a Waqf dispute prior to the formation of the Waqf tribunal or to execute a decree passed by the Waqf tribunal itself.

The court passed the ruling recently while allowing a case relating to execution of a decree passed in a suit filed in 2000 granting C.K. Marakkar and others possession of a mosque in Kothamangalam. The petitioners had challenged a civil court’s dismissal of a petition filed by them seeking to execute the decree which was passed before the commencement of the Waqf Act. The civil court held that it did not have jurisdiction to accept the execution petition in view of the constitution of the Waqf tribunal.

What the Act says

The court observed that there is no express provision in the Waqf Act that the Waqf tribunal is the only forum to execute a decree relating to Waqf dispute. Sub-section (8) of Section 83 of the Waqf Act says that the execution of any decision of the tribunal shall be made by the civil court in accordance with the provisions of Civil Procedure Code.

Thus even after the constitution of the tribunal under the Waqf Act, the civil court continues to have jurisdiction to execute a decree passed by the Waqf tribunal. The court directed the Munsiff Court, Kothamangalam, to proceed with the execution petition and pass an order in three months.

Published - November 06, 2024 06:45 pm IST