Ahmadi : It has effectively changed the character of a place of worship.
Ahmadi : Kindly see what the commission report has led to? The High Court says it is innocous. But now the entire area has been sealed. A status quo existing for several years has been altered.
Ahmadi : Kindly see what the commission report has led to? The High Court says it is innocous. But now the entire area has been sealed. A status quo existing for several years has been altered.
Ahmadi : Rule 10 presupposes correctness of order Rule 9. If I can make out a case that the order appointing commission is illegal, then the report has to be struck off. In my case, there is no situation for ordering commission report.
Ahmadi refers to Order 26 Rule 9 & 10 CPC.
Ahmadi : It is like a fruit from a poisonous tree. The order for commission survey is ex-facie without jurisdiction.
J Chandrachud : But Mr.Ahmadi, these issues can be decided under Order 7 Rule 11.
Ahmadi : Court can't be presented with a fait accompli.
Justice Chandrachud : So why should we keep the petitions pending here. We can leave open all the issues to be decided by the trial court.
Huzefa Ahmadi for Masjid Committee : Our submission is the commission survey could not have been ordered per se.
Justice Chandrachud : Now everything will depend on what the Judge will decide on Order 7 Rule 11. If he upholds the objection, the suit goes. As regards the commission report, every party is entitled to file objections.
Bench assembles.
Justice Chandrachud : After our last order, the Order 7 Rule 11 application's hearing is going on, right?
Counsels reply in the affirmative.