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Synopsis

The Supreme Court today refused to stay the Allahabad High Court's order granting permission for the appointment of a court commissioner to inspect the Shahi Idgah Mosque.

An oral plea to stay the said order was made before a bench of Justices Sanjiv Khanna and SVN Bhati which was hearing a petition filed by the Mosque Committee challenging the High Court's earlier order transferring to itself all the suits filed before the Mathura Court in connection with Krishna Janmabhoomi-Shahi Idgah dispute.

Senior Advocate Huzefa Ahmadi mentioned the issue of the high court considering interlocutory applications while the mosque committee's challenge to the high court's jurisdiction was pending, as it would have 'far-reaching implications'.

Court refused to interfere with said order as Justice Khanna said, "How can I interfere when noting has been filed before me?"

In November the Supreme Court had declined to stay the High Court's order transferring to itself all the suits filed before the Mathura Court.

Court had earlier called for details on the matter from the Registrar of the High Court while hearing a plea filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.

Notably, on July 21, Supreme Court had orally observed that maybe it would be better if the issue involving the Krishna Janmbhoomi- Shahi Idgah dispute was settled at the High Court level as it would maybe have a better ability to handle a suit of this nature.

The bench was also of the opinion that it would be in the larger interest that all the suits are consolidated and tried by a higher authority.

Recently, a division bench of the Supreme Court had also refused to entertain an SLP filed against the Allahabad High Court's order passed in July whereby it had dismissed a plea filed by the Shri. Krishna Janambhoomi Mukti Nirman Trust seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises.

Justice SK Kaul led bench has held that the impugned order passed by the Mathura Civil Court cannot be held to be passed without jurisdiction as the same was passed before all suits on the subject were transferred to the High Court.

Case Title: COMMITTEE OF MANAGEMENT, TRUST SHAHI MASJID IDGAH vs. BHAGWAN SHRIKRISHNA VIRAJMAN & ORS.