Allahabad High Court Refuses to Replace Term 'Shahi Idgah Mosque' with 'Disputed Structure' in Krishna Janmabhoomi Suits
In a key development in the Krishna Janmabhoomi–Shahi Idgah dispute, the Allahabad High Court on Friday rejected an application seeking to substitute the term “Shahi Idgah Mosque” with “disputed structure” in all future proceedings of the consolidated suits concerning the Mathura land.
The bench of Justice Ram Manohar Narayan Mishra, while dismissing Application A-44 filed by plaintiff no. 5 Mahendra Pratap Singh, said that “at this stage” it was neither “desirable nor expedient” to direct the court stenographer to replace references to the mosque with the term “disputed structure".
"The structure in question is referred as Shahi Masjid Idgah and at this stage where hearing of the suits is yet to commence and even issues have not been framed, it is neither desirable nor expedient to issue any direction to stenographer, as prayed by the applicants, to refer Shahi Masjid Idgah in judgments and orders as 'disputed structure'," the order stated.
Court observed that the structure is commonly referred to as the Shahi Masjid Idgah in the pleadings of both parties and no confusion exists over the identity of the property.
The application had been filed in Original Suit No. 13 of 2023, one among the 15 suits consolidated by the court earlier this year, with Original Suit No. 1 of 2023 designated as the lead case. The plaintiffs, including the deity Thakur Keshavdev Ji Maharaj Virajmaan Mandir, had sought a declaratory and injunctive relief seeking demolition of the Idgah, claiming it was built on the exact birthplace of Lord Krishna, which they argue was earlier occupied by temples destroyed by Mughal ruler Aurangzeb.
The plaintiffs also sought to declare the 1968 compromise decree between the Janmasthan Seva Sangh and the mosque authorities as void-ab-initio, arguing it conferred no legal rights on the defendants over the 13.37-acre Katra Keshav Dev land.
Opposing the request, senior advocates representing the Idgah management and the Sunni Waqf Board termed the application a misuse of process and an attempt to introduce new claims through the “backdoor.” They argued that allowing such a change in terminology would amount to a premature judicial determination that the mosque is not a mosque — something that can only be decided at trial.
They also pointed out that plaintiff no. 5 himself admitted the structure as a mosque in his affidavit, and that the application was aimed at undermining that admission.
Court agreed that while there is a clear dispute regarding the ownership and character of the property, it would be inappropriate to issue directions that might pre-judge the core issues before trial. However, the judge clarified that the court retains the liberty to refer to the property with “appropriate words” in future orders, depending on the context.
The matter will now be listed for further proceedings on July 18, 2025.
Case Title: Thakur Keshavdev Ji Maharaj Virajmaan Mandir Katra Keshavdev And 4 Others vs. Intjamiyan Committe And 3 Others
Download order here