A historic verdict was given on Thursday in the Mathura-based Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute. The Allahabad High Court considered the civil suits filed regarding ownership as maintainable and rejected the applications of the mosque side.
Justice Mayank Kumar Jain's court pronounced the reserved order on June 6. The lawyers of the temple side have described it as important in the direction of Sri Krishna Janmabhoomi liberation. Now the next hearing in the case will be held from August 12.
Advocate Saurabh Tiwari of the temple side says that the temple side has got a big victory in the Shri Krishna Janmabhoomi case. A single bench of Justice Mayank Kumar Jain in the Allahabad High Court has rejected the application of Shahi Idgah Mosque Trust under Order 7, Rule 11 of the CPC. There have been indications from the mosque side that this decision will be challenged in the Supreme Court.
The mosque side gave this argument
On behalf of the mosque side, on the basis of Places of Worship Act, Limitation Act and Waqf property, it was said that the civil court has no right to hear the case. The temple side called these objections baseless. Justice Mayank Kumar Jain heard 15 out of 18 civil cases including Lord Krishna Virajman Katra Keshav Dev. These were almost of the same nature.
The court had reserved the order after the completion of the debate on 31 May 2024, but advocate Mahmood Pracha from the mosque side demanded the right to a hearing. Accepting this, the case was heard on June 6 as well. 18 parties including Shri Krishna Janmabhoomi Mukti Nirman Trust Mathura had filed a suit. The High Court itself had ordered on 26 May 2023 to call these cases from the District Court Mathura and run them in the Allahabad High Court. The Muslim side filed a petition in the Supreme Court against this, but the Supreme Court did not give any stay on the said petition. After this, the hearing took place in the High Court Allahabad and the first hearing was held on 18 October 2023.
The High Court had ordered the survey in 2023
On 14 December 2023, the High Court ordered a survey of the disputed property. The mosque side again filed a petition in the Supreme Court against this. It said that the application regarding the maintainability of the Order 7 Rule 11 suit is pending in the High Court. Therefore, there is no law to give a transfer order to the court.
Citing the Supreme Court ruling, they demanded a stay. The Supreme Court stayed the survey and ordered the Allahabad High Court proceedings to continue. After this, 7 Rule 11 hearings were held in the court. A total of 32 dates were fixed. The temple side says that the opponent does not have any document in favor of Idgah.
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