Rajesh Pandey
The Allahabad High Court on Tuesday adjourned till May 30, 2024, the hearing in the matter of Krishna janmbhumi and Shahi Eidgah dispute at Mathura.
Aappearing on behalf of Muslim side Tasneem Ahmadi challenged the suits filed by Hindu side plaintiffs on grounds of maintainability, as the suits are barred by Places of Worship Act, 1991, which prohibits conversion of any place of worship as existed on August 15, 1947. Secondly, she also submitted before the court that the suit is barred by limitation. As per her parties had entered in compromise on October 12, 1968 and said compromise has been confirmed in a civil suit decided in 1974. The limitation to challenge a compromise is three years but suit has been filed in 2020 and thus present suit is barred by limitation. She further sought time to file her reply in other suits.
However, the counsels for Hindu side plaintiffs opposed her request and submitted that on the grounds mentioned in the application for rejection of plaint, the arguments have already been advanced on behalf of Muslim side (management committee of Eidgah). This court is hearing the application under order seven rule eleven of civil procedure code (CPC) since February 22, 2024. Summer vacations are approaching and it appears that for further couple of days, her arguments would be continuing, they added.
After hearing both sides, Justice Mayank Kumar Jain directed all the parties to submit their respective replies by the date fixed i.e. May 30
From Hindu side earlier it was raised that in the alleged compromise deity was not a party nor a party in court decree passed in 1974. It was said that alleged compromise entered by Sri Janm sewa Sansthan, which was not empowered to enter into any compromise. The object of the Sansthan was only to manage day to day activities and had no right to enter into such compromise. It was further said that deity is a minor and any compromise entered against the interest of minor is viod.
Ahmadi had also submitted that the property being waqf property dispute can only be resolved before waqf tribunal. Anyone, being an aggrieved person can raised his grievance before tribunal, she said.