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Synopsis

The Anjuman Intezamia Masjid Committee has filed a revision plea before the Allahabad High Court against the order passed by Varanasi District and Sessions Judge rejecting its application under Order 7 Rule 11 of the Code of Civil Procedure in the Gyanvapi case.

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 5 Hindu women seeking permission to worship Hindu deities allegedly residing inside the Gyanvapi complex.

In the order, the judge noted that while deciding an application under Order 7 Rule 11 of CPC, only the averments of the plaint must be seen not the defence made in the suit.

Therefore, considering the averments made by the plaintiffs in their plaint, the judge opined that the instant suit is not barred by any of the three Acts i.e. the Places of Worship (Special Provisions) Act, 1991; the Waqf Act, 1995 and the Uttar Pradesh Shri Kashi Vishwanath Temple Act, 1983 as alleged by the applicants. 

Against the abovesaid order, the mosque management committed has filed a plea before the high court which is listed before the bench of Justice JJ Munir on Monday (October 17, 2022).

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 Shivaling 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. 

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