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Synopsis

The Allahabad High Court, as a last chance, has recently allowed the respondent parties in the plea seeking transfer of all the suits pertaining to the Krishna Janmbhoomi- Shahi Idgah dispute to the high court, to file their respective counter affidavits latest by April 7, 2023. 

Court observed, on Tuesday this week, that no counter affidavit whatsoever had been filed by either of the four respondents so far despite the time being accorded to them as the last chance on March 15, 2023. 

In view of the same, while granting another last opportunity to the respondent parties, the bench of Justice Arvind Kumar Mishra ordered, "Let counter affidavit through e-mode be filed in this case and copies whereof be supplied to the parties prior to such filing".

Court further ordered that rejoinder affidavit, if any, may be filed after receipt of a copy of the counter affidavits. Court underscored that no latitude should be shown by either of the sides in filing of the replies. 

The matter will be next taken up on April 11, 2023. 

The present application was moved by Bhagwan Shrikrishna Virajman And 7 Others before the high court seeking transfer of suit no. 353/2022 pending in the Court of Civil Judge Senior Division, Mathura to the high court.

The applicants alleged that subsequent to the registration of suit no. 353/2022, a number of suits had been filed pertaining to the land dispute concerning Shahi Idgah.  Even the content of the suit plaint has been copied verbatim, the applicants submitted. 

Therefore, stating that all such suits are of similar nature and subject matter and relief in all these cases are similar, the applicants sought transfer of suits to the high court.

The high court, on February 1, 2023, agreed to hear the transfer application and issued notice to the respondents. 

However, on March 15, 2023, the court noted that despite sufficiently served notice and specific order of the court, no one appeared before the court on behalf of respondent party no.4 (Shri Krishna Janamsthan Sewa Sansthan). Therefore, taking a stern view, court granted one last opportunity to all four respondent parties to file counter affidavits within a period of ten days but the same were yet awaited. 

The Krishna Janmbhoomi- Shahi idgah dispute pertains to claims 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