Allahabad High Court Consolidates 15 Suits Concerning Krishna Janmabhumi-Shahi Idgah Dispute In 'Interest Of Justice'

On Thursday, the Allahabad High Court directed to consolidate 15 suits related to Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The order was passed 'in the interest of justice' on an application filed by the Hindu plaintiffs under Order IV-A of the Civil Procedure Code.

All these suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex which it shares with the Katra Keshav Dev temple in Mathura. Additional prayers include seeking possession of the Shahi Idgah premises and demolition of the present structure situated there.

"The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other," a bench of Justice Mayank Jain observed in its order.

The order was passed after Advocate Vishnu Shankar Jain, appearing on behalf of the Hindu plaintiffs, argued that after the original suit was filed before Civil Judge (Senior Division), Mathura on September 25, 2020, “certain other suits of a similar nature concerning the 13.37 acre of Katra, Keshav Dev, and for the removal of the disputed structure have been filed”.

Before passing the order to consolidate the suits, the Court also took into account the stand of the Sunni Waqf Board, the Idgah mosque committee, and other defendants who submitted that they had no objection to the consolidation of suits.

Further, regarding the Allahabad High Court's December 2023 order allowing a plea seeking the appointment of a court commissioner to inspect the Idgah Mosque, Advocate Jain submitted that the composition and the modalities of 6 the commission are yet to be determined by the Court.

He further submitted that pursuant to Court's last month order, he has applied that the commission may be headed by a retired High Court Judge and two advocates. It was also prayed that certain advocates on behalf of plaintiffs may also be permitted to participate in the proceedings of the commission.

Though he sought an urgent hearing on the composition and modalities of the commission, the Court deferred the hearing to January 17 given the absence of advocates for the defendants. 

Case title - Bhagwan Shrikrishna Virajman At Katra Keshav Dev Khewat No. 255 And 7 Others vs. U.P. Sunni Central Waqf Board And 3 Others

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