Rajesh Pandey
In the Krishna Janmbhumi-Shahi Eidgah dispute at Mathura, the Allahabad High Court on Thursday rejected applications of Muslim side challenging maintainability of suits of Hindu worshippers and held that all suits of Hindu worshippers are maintainable.
The court held that these suits are not barred by Limitation Act, Waqf Act and Places of Worship Act,1991, which prohibit conversion of any religious structure as existed on August 15,1947.
With this judgement, Justice Mayank Kumar Jain paved the way for all 18 consolidated Suits to be heard on their merits.
The court has fixed Aug 12, 2024 for framing of issues.
It may be noted that Justice Mayank Kumar Jain had reserved his verdict on June 6,2024 after hearing pleas of Shahi Eidgah mosque committee and UP Sunni Central Waqf Board.
They (Muslim side) had moved applications under Order 7 Rule 11 of civil procedure code ( CPC ) regarding maintainability of suits of Hindu worshippers.
The Hindu side has filed all these suits for possession after removal of structure of Shahi Eidgah masjid as well as for restoration of temple and for permanent injunction.
The controversy is related to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.
Raising preliminary objection on the maintainability of suits Muslim side had submitted before the court that suits are barred by limitation. As per counsel for UP Sunni Central Waqf Board Afjal Ahmad, the parties had entered into compromise on October 12, 1968 and said compromise was confirmed in a civil suit decided in 1974. The limitation to challenge a compromise is three years but suits have been filed in 2020 and thus present suits are barred by limitation Act. Other counsels of Muslim side had pleaded that suits are barred by Waqf Act and Places of Worship Act, 1991, which prohibits conversion of any religious structure as existed on August 15,1947
