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Synopsis

A plaintiff in a suit filed before Civil Judge, Mathura, on issue involving the Krishna Janmbhoomi- Shahi Idgah dispute has approached the Supreme Court seeking impleadment in the plea filed by the Mosque committee challenging the Allahabad High Court's decision to transfer all suits relating to the dispute to itself. 

The plaintiff, one Naresh Kumar Yadav in his impleadment application has stated that the High Court has rightly exercised the discretionary power envisaged under section 24[1] [C] of CPC as well as suo motu, considering the graph of the civil suits and reliefs claimed therein by the respective parties.

"The Hon’ble High Court has rightly taken note of the of the fact of that parties to the either side of lis are excitedly affected by the ultimate decision and exercise of transfer would save some years and duplication of hearing, which is likely to take ample time and therefore transfer of matter to High Court is a wise measure; while discarding the argument of loss of court of appeal", the application submits.

Additionally, Yadav has submitted that the issues falling within the province of the Articles 25, 26 and 300A of the Constitution of India alongwith complicated questions with regards to interpretation; validity and applicability of Places of Worship Act 1991, interpretation / applicability of Wagf Act 1995, rights of Hindu deity under Hindu Law also arise and are of seminal importance for effective adjudication of the lis.

In this light, supreme court has been told that the applicant is proper and necessary party as right to sue survives in his favour and he should be directed to be arrayed as party respondent in the instant Special Leave Petition.

Recently 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.

While hearing this plea 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 also comprising Justice Dhulia was of the opinion that it would be in the larger interest that all the suits are consolidated and tried by a higher authority.

Supreme Court had then called for details on the matter from the Registrar of the High Court. "Let us call for details. We will see. We are not deciding anything now..we will see how trial should proceed. We will lay down some modalities", the division bench had added.

The dispute between the Krishna Janmabhoomi and Shahi Idgah mosque pertains to the claims that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. Demands are being made to remove the mosque and return the land to Hindus. 

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