2025:KER:18499 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRP(WAKF) NO. 20 OF 2019 AGAINST THE ORDER DATED 28.02.2019 IN OA NO.54 OF 2019 OF WAKF TRIBUNAL, KOZHIKODE AGAINST THE ORDER DATED 29.01.2018 IN I.A.NO.209 OF 2011 IN OP NO.15 OF 2009 OF KERALA STATE WAQF BOARD REVISION PETITIONER/PETITIONER/4TH RESPONDENT: THONDIYIL ABOOBACKER, AGED 50 YEARS, S/O. UNNIHASSAN, KARULAI AMSOM DESOM, CHETTIYIL P.O, NILAMBUR, MALAPPURAM-679 344 BY ADVS. K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: 1 CHIEF EXECUTIVE OFFICER / THE DIVISIONAL OFFICER, KERALA STATE WAQF BOARD, REGIONAL OFFICER, EROTH CENTER, BANK ROAD, KOZHIKODE-673 001. 2 K.T. MUHAMMED ASHRAF, AGED 48, S/O. UMMER, KALATHINGA THODIKA, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 344 CRP(WAKF) NO. 20 OF 2019 2 2025:KER:18499 3 T.K. ABU, AGED 63, S/O. MUHAMMED, THANDUPPARA HOUSE, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 344 4 SULFIKKAR ALI M. AGED 38, S/O. RAYIN KUTTY, MANNISSERI HOUSE, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 344 5 ABOOBACKER A., AGED 51, S/O. BEERANA AMBOOKKADAN, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 344 6 E.K. MUHAMMED, AGED 48, S/O. KUNHIMUHAMMED, ERNHIKKULAVAN, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 344 7 SHOUKUL ISLAM MADRASSA, REP. BY SECRETARY, K.T. AHAMMED KUTTY, S/O. KUNHALI, AGED 53, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 330 8 K.T. AHAMMED KUTTY, S/O. KUNHALI, AGED 53, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 330 9 C.P. ALIKUTTY, S/O. ALAVIKUTTY, AGED 58, PRESIDENT SHOUKUL ISLAM MADRASSA COMMITTEE, CHETTIYIL P.O, KARULAI, NILAMBUR, MALAPPURAM-679 330 BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD Jamsheed Hafiz SRI JAMSHEED HAFIZ SC WAQF THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRP(WAKF) NO. 20 OF 2019 3 2025:KER:18499 ORDER AMIT RAWAL, J. The respondents-plaintiffs had instituted a petition for registering of the properties as well as holding of the election in O.P.No. 15 of 2009. During the pendency of the aforementioned original petition, an application for amendment of the pending original petition was submitted, claiming relief of framing of the Scheme as enshrined under Section 69 of the Wakf Act. The same has allowed by the Wakf Board as well as upheld by the Tribunal on assailment. 2. The present civil revision petition is pending consideration since 2019 without an interim stay. Sri. R.Ramdas, learned counsel appearing on behalf of the respondents-plaintiffs submitted that the evidence of respondents-plaintiffs is over and the matter is listed for evidence of the petitioner-defendant. It was further submitted that the said amendment is innocuous in nature and will not change the cause of action or alter the nature of the suit, much less prevent multifariousness of litigation. CRP(WAKF) NO. 20 OF 2019 4 2025:KER:18499 3. We have heard the learned counsel for the parties and appraised the paper book. 4. No doubt, the application for amendment was moved much later to the filing of the petition, but the fact remains, the amendment so sought prevents the multifariousness of litigation and is permissible in law. If at all the petitioner-defendant has any grievance, they can rake up all the pleas in accordance with law and must have been taken by filing the amended written statement. Since the stage is almost at the fag end of the trial, we do not intend to warrant any interference. No merits. Revision Petition stands dismissed. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE msp