Rajesh Pandey
The Allahabad High Court on Wednesday rejected a plea moved by the Shahi Eidgah Mosque side to recall the high court’s January 11, 2024, order consolidating all suits filed in connection with the Shri Krishna Janmabhoomi-Shahi Eidgah dispute at Mathura.
Earlier, Justice Mayank Kumar Jain had reserved its order on October 16 after hearing all sides. Today (on Wednesday), Justice Jain delivered 24 page decision in Hindi.
While rejecting the plea of Muslim side, Justice Jain said, that by consolidating all suits, the precious time of the court would be saved. Further, it will also save expenses of litigants and will help to ensure smooth hearing and expeditious disposal. In addition to it, the consolidation of all suits will help to avoid conflicting orders and decision in different suits.
As a consequence, this high court’s decision has ensured that the January order would remain intact, allowing for a unified legal process for all the 18 cases concerning the disputed land, which holds religious significance for both the Hindu and Muslim communities.
Earlier, while moving application on behalf of the Muslim side, Tasneem Ahmadi, a Supreme Court lawyer, had submitted that order passed on January, 11, 2024 has to be recalled, by which all the cases were consolidated. Her plea was that because of consolidation, their right to oppose each case will be deprived. She further said that it is a premature stage, as according to her, these cases should not be consolidated before framing of issues and collecting evidences.
Opposing the application from Hindu side, Hari Shankar Jain, submitted that once the court is of the opinion that reliefs sought in the suits are same, property is same and further that defendants are same, it is the domain of the court to consolidate the cases and none of the party has right to challenge the same. It was also submitted that by such objection, the only purpose is to delay the proceedings. This court by order dated August, 1, 2024 had ordered from framing of issues but till date no issues have been framed and court is only hearing of applications.
Jain further submitted on behalf of the Hindu side that consolidation did not mean that right to contest all the cases would be stopped . Consolidation of cases is discretionary power of the court and it cannot be changed by any one, he added.
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