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Synopsis

The Allahabad High Court on Wednesday agreed to hear the transfer application moved seeking transfer of the suits pertaining to the Krishna Janmbhoomi- Shahi Idgah dispute from the trial court to the High Court.

The bench of Justice Nalin Kumar Srivastava opined that the plea moved by Bhagwan Shrikrishna Virajman And 7 Others seeking transfer of suit no. 353/2022 pending in the Court of Civil Judge Senior Division, Mathura to the High Court requires consideration. 

Through the transfer plea, the court was apprised that subsequent to the registration of suit no. 353/2022 which was initially registered as Civil Misc. Case no. 176 of 2020 on September 25, 2020, a number of suits have been filed pertaining to the land dispute concerning Shahi Idgah. 

Even the content of the suit plaint has been copied verbatim, the counsel for the applicant submitted. 

The list of the subsequent suit includes- C.S. 950 of 2020 Thakur Keshavji Maharaj vs. Intizamiya Committee, C.S. 107 of 2021 Thakur Keshavji Maharaj vs. Intizamiya Committee, C.S. 151 of 2021 Bhagwan Shri Krishan Virajmaan Vs Sunni Central waqf Board, C.S. 152 of 2021 Bhagwan Shri Krishan Virajmaan. Vs U.P. Sunni Central waqf Board., C.S. 252 of 2021 Thakur Keshavji Maharaj. Vs U.P. Sunni Central waqf Board, C.S. 174 of 2021 Keshav Dev ji Maharaj. Vs U.P. Sunni Central waqf Board, C.S. 620 of 2021 Bhagwan Bal Shri Krishan Keshav Dev Virajmaan Vs. U.P. Sunni Central waqf Board, C.S. 683 of 2021 Gopal Giri Maharaj Vs U.P. Sunni Central waqf Board pending in the Court of Additional Civil Judge (Senior Division), Mathura and case no. C.S. 839 of 2022 Bhagwan Bal Shri Krishna Virajman vs. Intezamia Masjid Shahi Masjid pending in the Court of 3rd Additional Civil Judge (Senior Division), Mathura.

Stating that all the suits mentioned above are of similar nature and subject matter and relief in all the aforesaid cases are similar, the applicants sought transfer of suits to the high court.

"The High Court under Section 24(1)(b) of Code of Civil Procedure is competent to withdraw any suit, appeal or other proceeding pending in any Court subordinate to it and to try or dispose of the same," the counsel for the applicantss argued. 

Moreover, the counsel contended that "the issues involved in the matter concerns crores of devotees of Lord Krishna and the matter is of national importance and the substantial questions of law and several questions relating to the interpretation of the Constitution of India which are involved in the suits aforesaid can be conveniently decided by the High Court being the Constitutional Court".

Therefore, the applicants made a prayer to withdraw suit no. 353/2022 and also all suits of similar nature pending in the Civil Courts of Mathura to the High Court for trial.

As an alternative, the applicants requested that all the aforesaid cases may be transferred to one Court and if possible to the senior most Court of Mathura Judgeship i.e. the Court of District Judge, Mathura for disposal to avoid the possibility of different verdicts of different Courts on similar issues and also for the sake of convenience of the parties.

The plea was, however, opposed by the Waqf Board. The counsel for the Board argued that firstly, the present application was not maintainable instead the applicants should have moved an application under Article 228 of the Constitution and secondly, the applicants alone could not file a transfer application on behalf of the parties to other cases and that they should also be heard into the matter.

The claims have been made by many devotees of Lord Krishna that the Shahi Idgah Mosque is built over the land belonging to the deity and the actual birthplace of Lord Krishna lies beneath it.

It has been alleged that the 13.37 acres of land, which also includes the mosque area, is the Krishna Janmbhoomi land and, an illegal structure was raised by Muslims over it.

Case Title: Bhagwan Shrikrishna Virajman And 7 Others v U.P. Sunni Central Waqf Board And 3 Others

Statues- Section 24(1) (b) of the Code of Civil Procedure, 1908