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The court, on December 14, 2023, had granted permission for a court-monitored survey of the Shahi Idgah mosque in Mathura. It had then said that the details and modalities of the survey would be decided in later
The Allahabad High Court on Thursday adjourned the hearing on the modalities and composition of the commission, which will inspect Mathura's Shahi Idgah mosque, till January 17.
The bench of Justice Mayank Kumar Jain decided so in view of an application moved by the counsel for U.P. Sunni Central Waqf Board, Lucknow stating that since his father had recently passed away, he was unable to attend the court.
“Sri Punit Kumar Gupta, learned counsel U.P. Sunni Central Waqf Board Lucknow is also to be heard on the composition and modalities of the commission,” the bench opined while posting the matter on next date.
During the hearing, Advocate Vishnu Shankar Jain, representing the plaintiffs (Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat No. 255 And 7 Others), suggested that the commission that will inspect the disputed property may be headed by a retired high court judge and two advocates.
Jain informed the court about the application he had submitted proposing the participation of certain advocates on behalf of plaintiffs, in the proceedings of the commission.
Further, emphasizing the urgency of the matter, he urged the bench that the composition and modalities of the commission court be determined on Thursday itself, given the pressing nature of the case.
It is to be noted that the single judge bench is seized with a bunch of pleas pertaining to Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.
On December 14, the same bench had granted permission for the appointment of a court commissioner to inspect the Idgah Mosque on an application filed under Order 26 Rule 9 CPC by the plaintiffs in Original Suit No. 1 of 2023.
The decision of the high court was challenged by the Muslim side before the Supreme Court, however, the top court refused the same.
On Thursday, another suggestion was made before the high court that since the relief claimed in other suits concerning the janmbhoomi and mosque were similar on the set of fact which are mentioned in the plaint of Original Suit No. 1 of 2023, therefore, the suits could be consolidated.
Senior Counsel Hari Shankar Jain submitted before the high court that the court could suo moto consolidate the suits and consent of any party was not required.
The court perused the record of the original suit no 1 of 2023 as well the other 17 suits which are pending before it for trial.
Court noted that the relief claimed in all the suits were indeed of similar nature, therefore, the proceedings in these suits could be taken up and the suits may be decided simultaneously on the basis of common evidence.
Therefore, to save time and the expenses to be incurred to the parties, and also to avoid conflicting judgments, court decided to consolidate the suits with each other.
Court ordered that Original Suit No. 1 of 2023 Bhagwan Shri Krishan Virajman at Katra Keshav Dev Khewat No. 255 and others Vs. U.P. Sunni Central Waqf Board through Chairman and others will be the leading case in the matter.
A total of 18 suits are pending before the high court concerning 13.37 acre land at Katra, Keshav Dev seeking direction for removal of the mosque from the land in question.
The claim had 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
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