[Krishna Janmabhoomi-Shahi Idgah] Allahabad High Court directs Mathura Court to decide plea seeking scientific investigation of Shahi Idgah expeditiously
Court was also informed that although respondents have been served but they have not filed any objection to the application dated 14th April 2021.
The Allahabad High Court today directed the Mathura court to decide two applications pertaining to Krishna Janmbhoomi- Shahi Idgah dispute expeditiously, preferably within a period of three months.
The bench of Justice Vipin Chandra Dixit passed the order on a petition moved by one Manish Yadav on behalf of Bhagwan Sri Krishna Virajman through advocate Shashank Singh for early disposal of Yadav's plea for conducting scientific investigation of Shahi Eidgah and Jahanara's Masque" in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).
Yadav filed an application dated 14th April 2021 before the local court under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting the scientific investigation.
Yadav's counsel informed the court that the suit was filed by plaintiffs-petitioners for cancellation of judgment and decree dated 20.7.1973 and 7.11.1974 passed by Civil Judge, Mathura in Civil Suit No. 43 of 1967 as well as for the removal of encroachment. It is petitioners' claim that the Mosque committee has encroached upon Krishna Janmbhoomi.
Court was also informed that although respondents have been served but they have not filed any objection to the application dated 14th April 2021.
Advocate Punit Kumar Gupta, appearing for U.P. Sunni Central Waqf Board submitted that the Waqf Board has also filed an application under Order 7 Rule 11 C.P.C. on July 16, 2022 which is also pending for consideration and he has no objection if both the applications are expedited and decided simultaneously.
Taking note of the submissions made and without going into merit of the case, Court held that it is appropriate that the above applications be decided expeditiously.
Accordingly, Court directed the Civil Judge(Senior Division), Mathura to decide both the applications expeditiously, if possible within three months from the date of production of certified copy of the order.
With aforesaid direction, Court finally disposed of the instant plea.
Case Title: Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others