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Synopsis

The judgment for the Kashi Vishwanath-Gyanvapi land title dispute, reserved on July 25 by a single judge bench of the Allahabad High Court, is postponed. The case will be reexamined today by Chief Justice Pritinker Diwaker, as indicated in the cause list released on Friday.

It is noteworthy that earlier, on July 25, while reserving the judgment, the bench of Justice Prakash Padia had noted the multiple deferment of the judgment in the matter which has been pending since long. He had stated that the judgment had been postponed on various occasions due to the need for clarifications from both sides' counsel, leading to further hearings.

However, the final verdict in the matter has been further delayed.

Background:

Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus.

On April 8, 2021, Civil Judge Senior Division, Varanasi Civil Court allowed the Archeological Survey of India (ASI)  to conduct a comprehensive physical survey of the Gyanvapi mosque adjacent to Kashi Vishwanath Temple. Against this order, Anjuman Intezamiya Masajid Varanasi knocked on the high court's doors, which stayed the proceedings before the lower court including the ASI survey of Gyanvapi. 

The stay on the survey was extended from time to time by the high court.

Meanwhile, 5 Hindu worshippers filed a suit before the local court seeking right to worship Hindu deities already existing inside the Gyanvapi complex. 

In the matter, the Varanasi Court, on July 21, 2023 ordered an ASI survey of the entire Gyanvapi complex except for the Wazukhana area which is currently sealed in pursuance of the Top Court's order. The local court directed the ASI to conduct the survey without damaging any existing structure.

The survey was to be done to determine whether there was any Hindu temple in the past at the disputed site upon which the Gyanvapi mosque was built as a superstructure. 

Against the local court's order, the mosque management committee moved the Supreme Court, which stayed the ASI survey till July 26, 5:00 pm. This gave some breathing time to the mosque side to file an appeal/revision against the local court's order before the high court.

Finally, on August 3, 2023, the bench of Chief Justice Pritinker Diwaker gave a green signal to the ASI survey of the Gyanvapi premises. 

Case Title: U.P Sunni Central Waqf Board v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and Connected matters