The Allahabad High Court has ordered that the Shri Krishna Janmabhoomi-Shahi Masjid Idgah land dispute case will be heard by a Mathura trial court, without being influenced by the district judge's findings or observation in the matter in an order passed on 19 May last year.
The Uttar Pradesh Sunni Central Waqf Board and the Shahi Masjid Idgah management committee had approached the High Court for adjudication of the matter, saying that it had "wider implications".
Justice Prakash Padia disposed of both petitions on Monday.
Some devotees had filed a civil suit on 25 September 2020 in the court of civil judge (senior division) of Mathura.
The suit claimed right over a 13.37-acre property beside the Katra Keshav Dev Temple that is believed to be the Shri Krishna Janmabhoomi (birthplace of Lord Krishna).
The suit sought to remove a structure standing on the property.
The civil judge (senior division) did not register it as a civil suit at the time of the presentation of the suit, and registered it as a miscellaneous case on the ground that the plaintiffs' are not residents of Mathura.
The High Court stated that on 26 May last year, the trial court issued summons for the filing of respective written statements and framing of issues.
As a result, the petitions have been disposed of by remanding the matter back to the trial court.
The HC order directed the trial court to follow due procedures and not be influenced by any findings of the district judge on 19 May 2022, while adjudicating the suit.
In September 2020, the Hindu side filed a suit at the Civil Judge (Senior Division) in Mathura, claiming right over the disputed property situated at Katra Keshav Dev.
The land spans 13.37 acres and is believed to be the birthplace of Lord Krishna.
The suit also demanded the removal of the structure (Shahi Eidgah) there.
The court did not register the suit as civil suit and registered the case as a miscellaneous case on the ground that the two plaintiffs are not residents of Mathura whereas the property in question is situated in Mathura district.
The court dismissed the miscellaneous case on 30 May 2020, stating that the respondents were devotees/worshippers and that allowing the suit to be filed could cause social and judicial system to collapse and they do not have a right to sue.
An appeal was filed against this decision in the district judge's court in Mathura. In January 2021, the district judge ruled that an order from a Civil Judge (Senior Division) on 30 September 2020 could not be treated as an order under Order 7 Rule 11 CPC, and therefore, appeal was not maintainable.
The judge directed that the appeal be registered as a revision petition.
On Monday (1 May), the Allahabad High Court said, “In light of the above, both the petitions are disposed of by remanding the matter back to the trial court with directions to adjudicate the Civil Suit no. 353 of 2022 after following due procedure as per law without being influenced by any observation or findings of the District Judge vide impugned order dated 19.05.2022. All the parties are free to raise all their contentions before the trial court," reports Indian Express.
Earlier, the High Court had reserved its judgment on 17 April after hearing both sides.
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