Allahabad: Hearing in the case of Krishna Janmbhumi and Shahi Eidgah title dispute case at Mathura will continued tomorrow (on Thursday, May 2) before the Allahabad High court .
The matter is being heard by Justice Mayank Kumar Jain on applications (under Order 7 Rule 11 of civil procedure code (CPC ) moved by Muslim side challenging maintainability of 18 consolidated suits .
Arguments from Hindu side on the point of maintainability of suit continued today (on Wednesday) and same will continue on Thursday
On behalf of Hindu side in reply to the arguments raised from Muslim side on question of compromise in 1968, counsel for one of suits -Hari Shankar Jain submitted that in the alleged compromise, the deity was not a party. Besides, the deity was not even a party in court decree passed in 1974. Therefore, It was submitted that alleged compromise entered by Sri Janm Sewa Sansthan was not a valid compromise, as it 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.
Earlier appearing on behalf of Muslim side (UP Sunni Central Waqf Board and management committee of Eidgah masjid), Tasneem Ahmadi, appearing through video confrence had submitted before the court that suit is barred by limitation. As per her, the parties had entered into 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 .
Hindu side argued that the suit is maintainable and the plea regarding non maintainability can only be decided after leading evidences. Hari Shankar Jain appearing from Hindu side also placed reliance on certain judgments.
Senior advocate Manish Goyal appeared as amicus curiea. —————–
