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A plea has been 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.

The HC's single judge bench had then said the pending matters were related to issue of "seminal public importance affecting the masses beyond tribe and communities" and had not proceeded an inch further for the past two to three years, which provided full justification for withdrawal and transfer of those suits to the High Court.

The plea, among others, had claimed that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. The plaintiff demanded removal of the mosque and return of the land to the trust.

The petition filed by the Muslim side before the top court contended that the HC's judgement is bad on facts and on law and denies the statutory right of appeal to the parties by taking away two appellate stages of the suit. 

"The High Court has erred in not considering that one of the suits registered only on May 26, 2022 by the Civil Judge and subsequently the proceedings were stayed on August 03, 2022 by a coordinate bench of the High Court, which continued till May 01, 2023," it said.

The petitioner also stated the High Court erred in accepting the "prophecy" of the respondents (those who filed the suits) that it will take long for the trial court to 
decide the said suit, especially when the suit could not proceed by 
virtue of the stay granted by a coordinate bench of the High Court. 

It also contended that the High Court has erroneously proceeded to direct the District Judge, Mathura, Uttar Pradesh, to transfer all pending suits to the High Court without knowing the scope of the suits or the prayers made therein and without any application for transfer being made by the parties in the other suits. 

It also pointed out the plea for transfer was made by the plaintiff in the suit which pertained to the setting aside of a decree of amicable compromise.

The petitioner, which sought stay of the order an interim relief, also contended that the primary suit was barred by the provisions 
of Order XXIII, Rule 3A of the Code of Civil Procedure, 1908, as 
well as the Places of Worship (Special Provisions) Act, 1991 and its maintainability ought to be decided as a preliminary issue without its transfer to the High Court.

While allowing the plea for transfer of one suit, the court had then exercised its suo motu power for the rest of the suits of similar nature, by withdrawing it from the lower civil court concerned and transferred those to the High Court.

The matter arose out of a plea originally filed in the court of civil judge senior division on September 25, 2020 by Lucknow-resident Ranjana Agnihotri, and others as the "next friend of Bhagwan Sri Krishna Virajman".

They had claimed in the plea that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. They had demanded the mosque be removed and the land returned to the Trust. 

Their plea also contended that the Shahi Idgah Mosque had been built by Mughal emperor Aurangzeb after demolishing a part of the Shri Krishna Janmabhoomi. 

They have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust allowing the Mosque to continue to exist and use the land on which it was situated. 

They also claimed entire birth place of Lord Krishna and sought removal of encroachment of superstructure built as Shahi Idgah masjid over there.

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