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The suits before the court are related to 13.37 acre land at Katra, Keshav Dev. The main relief sought is a direction for removal of the mosque and restoration of the temple
The Hindu side in the matter of Krishna Janmbhoomi and Shahi Eidgah suits in Mathura argued before the Allahabad High Court on Tuesday that the 2.5 acre land of Shahi Idgah is not a mosque.
"Namaz is offered only twice a year in Idgah whereas, in a mosque, namaz is offered five times a day. Idgah was constructed as part of a political conspiracy. The defendant has no such record. Order VII Rule 11 of CPC is not applicable in this suit," the Hindu side submitted.
Currently, bench of Justice Mayank Kumar Jain is seized with total 18 suits pertaining to the dispute.
The Hindu side again asserted that the property in question is not a Waqf property and therefore the Waqf Act does not apply to it.
The Hindu party argued that the suit is maintainable and the question of its non-maintainability can only be determined after the presentation of leading evidence.
On the previous date, the Hindu side had argued that property in question was a temple and “after taking forcible possession of the same they started to offer Namaz but by this, the character of land could not be changed".
The Muslim side has questioned the maintainability of the suits filed by Hindu side in Mathura courts. They have contended that jurisdiction over the matter lies exclusively with the Wakf Tribunal, and civil courts are not competent to adjudicate the case.
The hearing in the matter will resume on Wednesday and Muslim side would place their counter in response to the arguments put forth by the Hindu side.
The Dispute:
The high court is seized with a total of 18 suits pertaining to the dispute. It has already consolidated 15 suits to be heard together.
The suits before the court are related to 13.37 acre land at Katra, Keshav Dev. The main relief sought through the suits is a direction for removal of the mosque from the land in question.
A claim has been 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, the illegal structure was raised by Muslims over it.
Case Title: Bhagwan Shrikrishna Virajman At Katra Keshav Dev Khewat No. 255 And 7 Others v. U.P. Sunni Central Waqf Board And 3 Others And Connected Matters
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