In the matter of Krishna janmbhumi and Shahi Eidgah title dispute case at Mathura, it was submitted on behalf of Hindu side on Thursday that even till date no documents regarding ownership of the property in dispute has been provided either by Sunny Central Waqf Board or by Intazamia committee of Eidgah, who are defendants in the suit.
It was also submitted that even no electricity connection is in their name in the property in dispute. As they are illegally using electricity, an FIR has also been lodged against them for illegal use of electricity by the electricity department.
The present suits have been filed by the Hindu side for possession after removal of structure of Shahi idgah and for the restoration of temple in that place and for the permanent injunction.
After hearing for some times, Justice Mayant Kumar Jain fixed May 20, 2024 for further hearing of the case.
The matter is being heard by Justice Mayank Kumar Jain on applications filed under order seven rule eleven of civil procedure code (CPC) moved by Muslim side challenging the maintainability of the suits. The order seven rule eleven of the CPC provides the grounds on which a plaint can be rejected. One of the grounds is that the plaint will be rejected if it is barred by any law. Hence, under this order of CPC, the Muslim side has moved an application and taken the plea that the suits of Hindu side or restoration of temple is barred by the Places of Worship Act 1991, which prohibits conversion of any place of worship as existed on August 15, 1947.
However, the stand taken by the Hindu side is that the suits are maintainable. According to them, the plea regarding non-maintainability can only be decided only after leading evidence. Hence, the application moved by the Muslim side raising question of maintainability of the suit is liable to be rejected.
