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Synopsis

In a significant development that could have far-reaching implications for the ongoing legal proceedings related to Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Allahabad High Court today granted permission for the appointment of a court commissioner to inspect the Idgah Mosque.

The bench of Justice Mayank Kumar Jain passed the order in an application filed under Order 26 Rule 9 CPC by the deity (Bhagwan Shri Krishna Virajman at Katra Keshav Dev) and seven others.

"...by appointment of a panel of three advocates as commission, either party would not suffer any harm or injury. The commissioner report does not affect the merits of the case," the bench said. 

Court added that during the execution of the commission, the sanctity of the campus can be directed to be maintained strictly. "Further it may be directed that no harm or injury be caused to structure in any manner," said the court. 

Court emphasised that the commission is duty bound to submit its fair and impartial report on the basis of the actual status of the property.

"The commission may also submit its discovery as to existence of particular signs at the property as referred by the plaintiffs. The representative of the plaintiffs as well the defendant may accompany the panel of the advocates to be appointed as commission to assist them so that the correct position of the spot may be noted and be brought before the Court," the single judge bench added.

The application, presented through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey, and Devki Nandan, was linked to an original suit currently under consideration in the high court.

The application sought the appointment of a Commissioner to inspect the disputed property in suit. The applicants contended that there are number of signs that establish that the building in question i.e. Shahi Idgah Mosque is a Hindu temple, some of the instances such as Kalash, pinnacle which exemplifies the Hindu architectural style.

"There is pillar having lotus shaped top which is classic characteristic of Hindu temples and image of Sheshnaag one of the Hindu deities who protected Lord Krishna on the night of his birth. At the base of the pillar in the present structure, Hindu religious symbols and engravings are visible," the applicants submitted. 

Through the application, it was prayed that a Commission is appointed consisting of three advocates with specific direction to submit report in the light of the argument advanced by the applicants' counsel Advocate Vishnu Shankar Jain.

While allowing the application, court rejected the contention raised by the respondents that the suit was filed in the year 2020 and the application for appointment of Commission is preferred in the year 2023 and no reason is assigned by the plaintiffs for such delay.

Court held that it did not find any substance in this argument in view of the chain of proceedings from filing of the suit before the trial court, its rejection, proceedings before the revision court and thereafter registration of original suit on 26.05.2022.

"Thereafter, all the suits pending before the trial court involving the same subject matter were transferred to this Court which is not disputed on behalf of the defendants. The application for appointment of commission is filed by the plaintiffs on the first date of hearing before this Court. Moreover, the application for appointment can be moved by any party to the suit at any stage and any time during the pendency of the suit. Even otherwise, if the application for appointment of commission is allowed by this court, the rights of the defendants would not be prejudiced in any way," court noted. 

Court, though allowed the application, it added that "so far as the modalities and composition of the commission is concerned, it will be proper to hear the counsel for the parties for such purposes".

The matter has been posted for further hearing on December 18, 2023. 

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