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Synopsis

In the revision plea moved by the Anjuman Intezamia Masjid Committee, Varanasi against rejection of its application under Order 7 Rule 11 of the Code of Civil Procedure, the Allahabad High Court today asked the Varanasi Court to provide the photostat copy of the case records.

The bench of Justice JJ Munir stated that the certified copies of the same would suffice and the hearing in the suit before the lower court would continue.

"On the joint request of learned Counsel appearing for both parties, let the District Judge, Varanasi send a photostat copy of all papers on the basis of which the learned District Judge has disposed of the application under Order VII Rule 11 CPC, duly authenticated by him. No original records shall be sent. The said papers shall positively be made available to this Court by day-after-tomorrow," ordered the court. 

Importantly, the court orally observed that "the scope of the application under Order 7 Rule 11, CPC is very confined".

The matter has been posted on Wednesday (October 19, 2022) for further hearing.

The mosque management committee has moved the high court against the order passed by the Varanasi District and Sessions Judge rejecting its application challenging the maintainability of the suit filed by the 5 Hindu women before the local court seeking permission to worship Hindu deities allegedly residing inside the Gyanvapi complex.

On September 12, 2022, Dr. A.K. Vishvesha, District and Sessions Judge, Varanasi, rejected the application moved by mosque management questioning the maintainability of the suit filed by the 5 Hindu women.

Against the abovesaid order, the mosque management committed has filed a plea before the high court.

The present matter pertains to a suit filed by five Hindu women devotees alleging that Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other visible and invisible deities reside inside the Gyanvapi Complex, therefore, they should be allowed to perform all rituals of these deities inside the complex all year long. Earlier, permission used to be granted to perform the prayers only once a year.

The plaintiffs' demand is being contested by the Anjuman Intezamia Masajid Committee which manages the affairs of Gyanvapi mosque and Waqf Board.

Initially, the suit was being heard by a Civil Judge Senior Division Varanasi, however, on May 19, 2022, the Supreme Court ordered to transfer the suit to the court of District Judge for further proceedings. Along with that, the Top Court directed the District Judge to decide the application challenging the maintainability of the suit on priority.

The District Judge rejected the said plea and ordered the parties to proceed further. Thereafter, four out of the five plaintiffs filed an application before the local court seeking scientific investigation (including carbon dating) of the Shivlinga found during a court-ordered survey of the Gyanvapi complex.

However, the District Judge, on October 14, rejected the same stating that the supreme court has ordered to protect the place where the alleged Shivalinga was found, therefore, the plea for its 'scientific investigation' could not be allowed.

Before the high court, Senior Advocate S.F.A. Naqvi assisted by Mr. Zaheer Asghar is appearing for the mosque committee, Adv. Vishnu Shanker Jain is appearing for respondents Nos. 2 to 5 (plaintiff no. 2 to 5 in the suit before Varanasi Court) on Caveat, Adv.  Arya Suman Pandey and Adv. Saurabh Tiwari are appearing on behalf of plaintiff no. 1 Rakhi Singh. 

Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi Vs Smt. Rakhi Singh And 9 Others