BREAKING: Varanasi Court Allows Plea For Transfer Of 7 Pending Suits Concerning Gyanvapi Dispute To The Court Of District Judge

A Varanasi Court today allowed 7 applications moved before it seeking to transfer seven Gyanvapi-related suits pending before various courts to the court of the district judge. Now, the court will decide whether these matters should be consolidated and heard together.

District Judge Ajaya Krishna Vishvesha passed this order today observing that all the matters will be transferred to the court of District Judge wherein it will be decided as to whether it would be appropriate to club the matters together and hear them or not.

In this regard, DJ Vishvesha referred to Section 4A CPC [as inserted by Uttar Pradesh Act 57 of 1976] which states that when two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may, by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings.

"It is clear from Order 4A CPC that this court can take a decision regarding consolidation of the suits only after all of them are transferred to this court, so when all the suits are transferred to this court, only then this point will be determined as to whether it would be appropriate to consolidate all the above suits," the Court said.

One of the pleas to transfer cases concerning the Gyanvapi Dispute to the Court of District Judge was moved by plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas, and Rekha Pathak) in suit no. 18/2022. It was their case that since all these suits are of similar nature, hence they should be tried together in order to save the public time, and money and to avoid difficulties of legal nature.

It may be noted that suit no. 18/2022 was moved by 5 Hindu woman worshippers last year seeking year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi.

Out of the seven cases, six are pending in the court of civil judge (senior division) and one is pending before the fast-track court of the civil judge (senior division).

It is important to note that the case pending before the Fast Track Court had been filed by Lord Vishweshwar Virajman (Swayambhu) through his next-friend Kiran Singh, who is the international general secretary of Vishwa Vedic Sanatan Sangh (VVSS) and it seeks handing over of the possession of the Gyanvapi Mosque premises to 'Lord Adi Vishweshwar Virajman.

Kiran Singh is the first petitioner in suit no. 18/2022, however, after filing the said suit, she parted ways with other four women plaintiffs (backed by Advocate Hari Shnakar Jain) in May 2022 following differences. Thereafter, she moved a fresh suit, which is presently pending before the Fast Track Court.

Significantly, the said suit was held to be maintainable by the FTC in November last year. More details of the case here: Religious Nature Of Gyanvapi Mosque Premises 'Doubtful', Places Of Worship Act No Bar To Hindu Party's Suit: Varanasi Court