'Teela Masjid' Dispute | Lucknow Court Dismisses Revision Plea Against Order Rejecting Objection To Hindu Worshippers' Suit

A court of Additional District Judge in Lucknow on Wednesday REJECTED a revision plea filed by Mosque's Imam Mutawalli challenging an order of a Civil Judge (of September 2023) rejecting objections to a civil suit filed by Hindus seeking the right of worship within the Teele Wali Mosque premises.

The suit in question was filed by 8 devotees & worshipers of 'Lord Sheshnagesht Teeleshwar Mahadev Virajman' and Laxman Teëla Sheshnag Tirath Bhoomi Asthan' in the year 2022 seeking mandatory injunction against defendants (including State of UP, ASI, Mosque management) not to interfere in the performance of Puja, Archna, Aarti and Path of Hanuman Chalisa at Sheshavatar Mandir, Sheshnag Patal Koop & Sheshnagesht Teeleshwar Mahadev Mandir situated at Laxman Teela (Teele Wali Mosque premises).

The suit alleges that the said Teele Wali Mosque was constructed during the reign of Mughal Ruler Aurangzeb by demolishing a Hindu temple/religious structure existing at Laxman Teela. The suit further claims that this act was in line with a purported Islamic practice of destroying temples or places of Hindu worship upon conquest, to erect a mosque in the same location.

In the suit, the Hindu worshippers have also claimed that there still exists "Sheshnag Patal Koop", "Sheshnagesht Teeleshwar Mahadev and remains of other old temple structures and places of Hindu worship at the "Laxman Teela'/Teele Wali Mosque.

The plaintiffs moved the suit asserting that in May 2022, when they attempted to perform puja at the site (Laxman Teela/Teele Wali Masjid), they faced threats from the Muslim community and hence, they sought aperpetual injunction prohibiting the defendants from interfering in a performance of Darshan & Pooja and observance of rituals by plaintiffs.

In September 2023, a Court of Civil Judge (Junior Divison) rejected an application filed under Order 7 Rule 11 CPC by the Muslim parties objecting to the said suit as it observed that the objections of the Muslim parties were factual and the same could not be taken into consideration at this stage.

Challenging that very order, the Imam Mutawalli of the Mosque moved a revision plea which was rejected on Wednesday by the Additional District Judge (ADJ) Narendra Kumar while making the following observations:

"The suit has been filed to resolve the dispute regarding the property in question which contains mixed questions of law and fact and therefore, instead of disposing of the application under Order-7 Rule-11 CPC in a cursory manner, it would be fair to dispose of the application along with evidence etc. by allowing both parties an opportunity of hearing. Thus, there is no legal error in the impugned order dated 06.09.2023 of the lower court. Therefore, there is no justified basis for interference in it."

This order would mean that the Court can not proceed with the disposal of the civil suit on merit to decide as to whether the original plaintiffs would have an uninterrupted right to worship at Laxman Teela or not.