Even after the constitution of the Waqf Tribunal, the Civil Court can execute a decree passed by it relating to a waqf dispute.
The Kerala High Court held that even after the constitution of the Waqf Tribunal, the Civil Court can execute a decree passed by it relating to a waqf dispute. Justice Kauser Edappagath clarified that even after the constitution of the Waqf Tribunal, the Civil Court continues to have jurisdiction to execute both its own decree as well as any decree passed by the Waqf Tribunal. “Even after the constitution of the Waqf Tribunal, the civil Court did not cease to have jurisdiction to execute the decree passed by the civil Court in respect of a waqf dispute or to execute a decree passed by the Waqf Tribunal. There is no express provision in the Waqf Act that the Waqf Tribunal is the only Forum to execute the decree relating to Waqf disputes…..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. For these reasons, I hold that there is no bar for the civil Court to execute a dec