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Synopsis

The Allahabad High Court on Wednesday, as a measure of last chance, gave one more opportunity to the respondents to file reply in the transfer application that has been filed seeking transfer of the suits pertaining to the Krishna Janmbhoomi- Shahi idgah dispute from the trial court to the High Court.

The bench of Justice Arvind Kumar Mishra underscored 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. 

"Obviously, it appears that respondent no.4 is not interested in contesting this Transfer Application, therefore, as a measure of last chance respondent no.4 and rest of the respondents (respondent nos.1 to 3) are directed to file counter affidavits if they so wish within a period of ten days from today," Court stated. 

Further, court directed that rejoinder affidavit, if any, may be filed within a week thereafter.

The matter will be next heard on April 4, 2023. 

Moreover, before parting with the matter, court stressed that the present matter should not be unnecessarily prolonged "which requires expeditious and quick disposal". Therefore, court directed all the respondent parties to exchange their pleadings within the stipulated period as above.

Bhagwan Shrikrishna Virajman And 7 Others moved an application 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 which was initially registered as Civil Misc. Case no. 176 of 2020 on September 25, 2020, 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, their counsel 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 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