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Allahabad HC Clubs 15 Suits Linked To Krishna Janmabhoomi, Shahi Idgah

TrustmanArticle Litigation NewsAllahabad HC Clubs 15 Suits Linked To Krishna Janmabhoomi, Shahi Idgah

Jan

15

Allahabad HC Clubs 15 Suits Linked To Krishna Janmabhoomi, Shahi Idgah

On an application filed by the Hindu plaintiffs, the Allahabad High Court on January 11, 2024 consolidated 15 suits related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute in Mathura. On December 14, the High Court had allowed an application for the appointment of a commission to inspect the Shahi Idgah mosque complex. Before that in May 2023, the High Court had transferred to itself all the suits on the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. Justice Mayank Kumar Jain of the High Court on January 11, 2024, said the cases have been consolidated “in the interest of justice”.

A common thread in all the petitions is a prayer for the removal of the mosque from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple. “These suits are of a similar nature. The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other,” the court said, adding “suit no. OSUT 01/2023 Bhagwan Shri Krishan Virajman at Katra Keshav Dev Khewat No. 255 and others Vs UP Sunni Central Waqf Board and others is made as the leading case”.

Pleading on behalf of Hindu plaintiffs, Advocate Vishnu Shankar Jain told the High Court that after the original suit was filed before Civil Judge (Senior Division), Mathura on September 25, 2020, “certain other suits of the similar nature concerning the 13.37 acre of Katra, Keshav Dev, and for the removal of the disputed structure have been filed”.

The High Court also took note that the Sunni Waqf Board, the Idgah mosque committee, and other defendants had earlier submitted that suits of similar nature and involving the same question “may be consolidated”. In his submission, Advocate Jain also said that the composition and the modalities of the commission of three advocates for the inspection of the disputed property as ordered by the High Court last December are yet to be determined.

He further submitted that pursuant to December 14 order, the Commission may be headed by a retired High Court judge and two advocates. He also said that “certain advocates on behalf of plaintiffs may also be permitted to participate in the proceedings of the Commission”.

The court was informed that Advocate Punit Kumar Gupta, who is the lawyer for the UP Sunni Central Waqf Board, had moved an application on the ground that his father had passed away and was not able to attend the court. The judge said that advocate Gupta “is also to be heard on the composition and modalities of the Commission”. The court has listed the matter for further hearing on January 17.

Source: Agencies