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Court held that the trial court's decision to first decide the plea against maintainability of the suit was just and proper.
The Allahabad High Court recently dismissed a plea filed by the Shri Krishna Janmabhoomi Mukti Nirman Trust, seeking direction to the Mathura civil judge to decide its application for a scientific survey of KrishnaJanmabhoomi-Shahi Idgah premises before disposal of the application by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board objecting to its suit.
The bench of Justice Jayant Banerji held that the decision of the Civil Judge, Senior Division, Mathura to hear the mosque committee's application under Order 7 Rule 11 of the CPC against the maintainability of the Trust's suit first was proper and justified.
"The trial court, in the impugned order has observed that where in a suit, its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified," noted the single judge bench.
Shri Krishna Janmabhoomi Mukti Nirman Trust filed a writ petition before the high court to set aside the order dated March 31, 2023 of the Mathura civil judge in its application for a scientific survey of the disputed premises.
Before the civil judge, the Trust had sought rejection of the mosque management committee's plea to hear its application against the maintainability of the suit first. Apart from that a direction to constitute a scientific commission to survey the disputed area was also sought.
However, the civil judge had rejected the Trust's application on the ground that before further proceedings, the application filed under Order 7 Rule 11(d) of the Code of Civil Procedure needed to be decided first.
The high court held that it is the prerogative of the trial court to proceed in the manner it deems fit unless there is a specific provision that provides for a particular methodology or process to be adopted.
The high court found no such error or illegality in the impugned order, therefore, dismissed the plea.
It is to be noted that recently a plea has been filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.
The dispute between the KrishnaJanmabhoomi and Shahi Idgah mosque pertains to the claims that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. Demads are being made to remove the mosque and return of the land to Hindus.
Case Title: Shri Krishna Janambhoomi Mukti Nirman Trust v. Sahi Masjid Eidgah Management Committee And 8 Others
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