By
Rajesh Pandey
The Allahabad High Court has rejected the application filed by the Hindu side seeking waiver of a month’s notice period for impleading Central Government and UP State as party
s in the suit in Krishna Janmbhoomi-Shahi Eidgah title dispute case of Mathura.
Accordingly, the court directed the Hindu side to give notice to both the Central and State governments first as per provision of section 80 of the Civil Procedure Code (CPC) and then approach this Court after the expiry of two months.
The counsel appearing for The indu plaintiff of one of the suits submitted that some sort of survey is necessary on the disputed site, as in the garb of stay order passed by the apex court, the defendants – Muslim side are carrying on new activities on disputed site to the dismay and trouble of plaintiffs, which need to be curbed by specific orders as that is hurting the feelings of the community which is represented by the plaintiffs.
On the other hand, the counsel appearing for the defendants – the Muslim side submitted that
extra-legal arguments are being raised by the plaintiffs to substantiate their contention that some sort of damage is being caused by the defendants.
“Such damage is non-existent and this is only to create some sort of confusion in the mind of the public”, he added.
Another counsel for the Hindu side drew the attention of this court to the provisions of CPC, which provides for the detention, preservation, or, inspection of any property which is the subject matter of such suit or as to which any question may arise therein.
She further submitted that only a survey by the advocate commissioner has been stayed by the apex court.
One Ashutosh Pandey appearing (in person) on behalf of one of the plaintiffs submitted that the plaintiff should not be restrained from seeking a survey of the Shri Krishan Janambhoomi campus and survey is necessary for the determination of the exact state of things prevailing at present.
Taking note of all these submissions, Justice Ram Manohar Narayan Mishra in the order dated December 4 said that this point would be considered and decided later on and fixed December 16 for the next hearing of the case.
It may be noted that the high court is presently hearing several suits concerning the Mathura Krishna Janmabhumi-Shahi Eidgah Mosque dispute.
In this dispute, a common prayer has been made seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex that it shares with the Katra Keshav Dev temple in Mathura.
Additional prayers include seeking possession of the Shahi Idgah premises and demolishing the present structure.
In May last year, the Allahabad High Court transferred to itself all the suits pending before the Mathura court, praying for various reliefs pertaining to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, allowing the transfer application filed by Bhagwan Shrikrishna Virajman and seven others.
In January this year, the high court directed the consolidation of 15 suits related to Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The order was passed ‘in the interest of justice’ on an application filed by the Hindu plaintiffs under Order IV-A of the Civil Procedure Code.
In August this year, the Allahabad High Court dismissed the order 7 rule 11 CPC petition filed by the Mathura-based Shahi Eidgah (mosque) committee challenging the maintainability of 18 suits filed by Hindu worshipers and deity Shri Krishna Virajman, in connection with the KrishnaJanmabhoomi-Shahi Eidgah Mosque dispute in Mathura under the Places of Worships Act,1991, which provides that a religious structure would not be converted and would remain same the same as existed on August 15, 19477.
The court held that these suits are maintainable and will go ahead with their heart.ng