Lucknow District Court tells litigants to move lower court with plea seeking survey of city's 'Teele wali masjid'

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The Lucknow District Court on Tuesday ordered the applicants seeking appointment of a commission to survey Lucknow’s Teele Wali Masjid to move lower court where the Original Suit filed in 2013 is pending. 

The application under Order 26 Rule 9 read with Section 151 of the Civil Procedure Code was moved alleging that attempts are being made to destroy the old structures of temples of Shesh Nageshatileshwar and other deities which are present on the disputed mosque complex site to change its religious character.

During the course of hearing, the Hindu applicants had also claimed that though the Original Suit is pending before the Lower Court, on May 28, Maulana S. Shah Fajalurrehman (opposite party in the suit) made a statement, which was also published in the daily newspaper Amar Ujala, that on his appeal roads of Lucknow can be blocked.

Applicants said that these activities are nothing but an attempt to disturb the law and order situation in the city and must be curbed to maintain peace during the pendency of the suit.

However, opposing Hindu litigants' claims, the opposite party submitted that the allegation is misconceived as the site is known by the name of 'Teele wali masjid since the time of Mughal ruler Aurangzeb.

Opposite parties also claimed that the allegation that attempts are being made to destroy the Hindu religious symbols, and temple remains present on the site are nothing but a distortion of the incident of April 29. They said that it was Friday and Muslim Namazi were likely to gather in large numbers at masjid site, therefore, with administration's permission, cleaning of the premises was done and nothing sort of an attempt to remove any religious symbols was made. 

Taking note of the submission of both the parties, the Additional District Judge Smt. Kalpana noted that since the Original Suit of 2013 is already pending before the lower court, it would be appropriate that the plea for survey commission is made before the same.

A civil suit was filed in 2013 in a lower civil court on behalf of Lord Sheshnagesth Tileshwar Mahadev Virajman, Laxman Tila Sheshnag Teerth Bhoomi, and others claiming that during the reign of Mughal emperor Aurangzeb, a Hindu religious structure was demolished to make way for a mosque i.e. Teele Wali Masjid. The Hindu litigants had claimed that a portion of the land on which the mosque stood belonged to them and should be handed over to them.

Case Title: Maulana S. Shah Fajalurrehman v. Lord Shesh Nageshatileshwar Mahadev