Order : On the above application, the following order has been passed. Notice shall issue returnable on Thursday May 19. It has been submitted by petitioners that since the trial judge has allowed the application 78GA, the order is susceptible of the interpretation that the
Order : In pursuance of the order of the trial judge, the Commissioner commenced work on 14 & 15 May. Mr.Huzefa Ahmadi submits that during the course of the execution of the work of the commission, an application was moved before the trial judge on May 16 by counsel for plaintiffs
Bench's order : Issue notice returnable on May 19. The order of Civil Judge Senior Division Varanasi dated 18/8/2021, 5th and 8th April 2022 were questioned before Allahabad HC in a petition under Article 227. The single judge on 21/4/22, rejected the petition.
Ahmadi : The clarification must be that the property can be sealed but the use is not restricted and the property must be protected. And stay the proceedings in the suit till the application under Order 7 Rule 11 is decided.
SG : This might need plaintiff's presence.
Ahmadi : I am on procedural fairness. No notice was given on this application. Application is allowed only on the say of the plaintiff. Once your lordship says there is a shiv ling etc, it will have ramifications. This is what the plaintiff is saying. Not the commissioner.
J Chandrachud : We will clarify the operation of the trial court's order is restricted to the following...
SG : From news reports, there is a well from where water is drawn..the order may not have unintended consequences.
J Chandrachud : We will clarify that the operation of the order is restricted to this manner.
SG : Your lordships may say it is allowed in terms of what follows.
J Chandrachud : We can't say, then it would be we are allowing it.
J Chandrachud : If a shiv ling is found, we have to maintain a balance. We will direct the District Magistrate to ensure protection of the place without restricting Muslims from praying.
J Chandrachud : We will keep on Thursday. In the meantime we will say we will protect the part of this order in so far as the protection of shiv ling is concerned. The rest of the order, in so far as it grants prayers 1, 2 and 3 we are staying.
Judges are discussing among themselves.