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The trial court is seized of a civil suit originally filed in 2020 by devotees of Lord Krishna alleging that the 13.37 acres of land, which also includes the Shahi Idgah mosque area, is Krishna Janmbhoomi land which should be handed over to Hindus.
The Allahabad High Court today remanded the matter pertaining to the Krishna Janmabhoomi-Shahi Idgah dispute back to the Trial Court in Mathura to hear it without being influenced by any observation made by the District Judge in the order dated May 19, 2022.
On May 19, 2022, in a revision petition preferred by 'Bhagwan Srikrishna Virjman', through next friend Ranjana Agnihotri, 'Shree Krishna Janmbhoomi'—the place of birth of Lord Shree Krishna and six devotees, the District Judge had overturned the civil court order and held the suit to remove the Mathura Shahi Idgah Masjid maintainable.
In the order, the District Judge had framed many points on the basis of the arguments raised on behalf of the U.P. Sunni Central Waqf Board and had ordered the Trial Court to hear both the parties and pass appropriate order in light of the observations made by it on the question framed.
The high court bench comprising Justice Prakash Padia held that the questions framed by the District Judge were not needed to be decided by it while disposing of the revision petition. Court said that the contentious questions were not required to be decided by the District Judge in a revision petition.
Therefore, while stating that these questions could not now be decided by the high court in a petition under Article 227 as any observations by the high court will prejudice the rights and contentions of both parties, Justice Padia remanded the matter back to the Trial Court to adjudicate the suit pending before it after following due procedure as per law without being influenced by any observation or findings of the District Judge in the order dated May 19, 2022.
In 2020, a suit was filed alleging 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.
The civil court, however, dismissed the suit on September 30, 2020, citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. The civil court had said that if the suit is registered a large number of worshippers may come to the court.
The plaintiffs then filed an appeal before the District Judge who ordered the same to be registered as a revision petition and disposed of the same on May 19, 2022, directing the Trial Court to restore the suit and adjudicate the same in light of the observation made by him.
Thereafter, challenging the decision of the District Judge, the U.P. Sunni Central Waqf Board, and C/M Trust Shahi Masjid Idgah moved the high court.
Case Title: U.P. Sunni Central Waqf Board v. Bhagwan Sri Krishna Virajman And 10 Others and Another Connected Matter
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