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Synopsis

The Muslim side on Tuesday completed its arguments on the maintainability of the suit filed by 5 Hindu women for performance of all rituals of Hindu deities allegedly residing inside the Gyanvapi complex in Varanasi district of Uttar Pradesh. 

Varanasi District and Sessions Judge Dr. AK Vishvesha is hearing the application moved by the defendants (i.e.Muslim Parties) under Order 7 Rule 11 of the Civil Procedure Code. 

Post the hearing, Advocate Vishnu Shankar Jain, who appears for the Hindu side, informed the media that Muslim side has completed its arguments. Apart from him, Adv. Anupam Dwivedi told Lawbeat that Muslim side has concluded its argument including factual as well as legal points. "In legal points, they relied upon the Places of Worship Act, Waqf Act, and other laws to state that the instant suit is not maintainable," he told.

Adv. Dwivedi further informed that from Hindu side, plaintiff number 2 to 5 started their arguments today which will resume tomorrow (July 13) at 2 pm. Regarding Places of Worship Act, it's their contention that ascertaining religious character of a place of worship has not been barred anywhere, he said. 

Today, Advocate Abhay Nath Yadav, representing the Muslim side, submitted the legal points, ruling of the court to establish that suit by Hindu side is not maintainable. 

In the matter, that has traveled to the Apex Court, the Top Court had ordered on May 20 that the Order 7 Rule 11, CPC application shall be decided on priority by the District Court. 

The Apex Court had also extended the interim order it had passed on May 17, 2022 which protects the area where alleged Shivlinga has been found to continue till the objection to the maintainability of the suit gets decided by the District court and 8 weeks thereafter.

The developments are taking place in the plea filed by 5 women seeking the performance of all rituals of Maa Shringar Gauri, Lord Ganesha, Lord Hanuman & other deities within the "old temple complex" allegedly existing inside the mosque site.

During the hearing of this suit, the Civil Court had appointed an Advocate Commissioner to survey the disputed Gyanvapi site and submit his report. 

Case Title: Rakhi Singh and Ors v. State of UP and Ors.