Allahabad HC Dismisses Plea Seeking Disposal Of Application For Scientific Survey Of Krishna Janmabhoomi-Shahi Eidgah Premises

The Allahabad High Court on Monday dismissed a writ petition filed before it seeking a direction to the Mathura civil judge to decide an application (moved by Shri Krishna Janmabhoomi Mukti Nirman Trust) seeking a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises.

It was the contention of the petitioner that the Civil Judge should decide upon its application before deciding Order 7 Rule 11 CPC application of the Mosque Committee and UP Sunni Central Waqf Board objecting to the suit filed by Bhagwan Shrikrishna Virajman and others.

However, the bench of Justice Banerji that it is a settled law that where in a suit, its maintainability has been questioned, then that fact has to be determined first and no other pleading nor any evidence may be considered by the court while adjudicating in respect of an application under Order 7 Rule 11.

"...it is prerogative of the trial court to proceed in the manner it deems fit unless there is an specific provision that provides for a particular methodology or process to be adopted. The trial court, in the impugned order has observed that where in a suit, its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified," the Court remarked.

Essentially, the petitioner/plaintiff had earlier filed a suit before the Mathura civil judge in January 2023 along with a map and a request to protect its interests as well as their constitutional rights. It was their prayer that Krishna Janmabhoomi be restored at the place where the Shahi Masjid Eidgah exists.

However, in this suit, an Order 7 Rule 11 CPC application was moved by defendant-respondents objecting to the suit. However, the plaintiff moved another application for the constitution of an independent/competent authority to be directed under Order 26 Rule 9 of the CPC to conduct an office survey and to constitute a scientific commission.

The Court below refused to pass any order on this application on the ground that where in a suit, the maintainability is challenged, the Court has to first deal with such challenge and determine as to whether the suit is maintainable or not. 

Aggorved with this, the petitioner moved the HC seeking a direction to the Court concerned.

However, the High Court noted that the HC, in May this year, transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute and therefore, the prayer of the petitioner was not maintainable.

Regarding the constitution of the commission before the decision on Order 7 Rule 11 CPC plea, the Court found the order of the civil court to be appropriate and hence, it dismissed the writ plea.

Case title - Shri Krishna Janambhoomi Mukti Nirman Trust vs. Sahi Masjid Eidgah Management Committee And 8 Others 2023 LiveLaw (AB) 211 [MATTERS UNDER ARTICLE 227 No. - 4984 of 2023]

Case Citation: 2023 LiveLaw (AB) 211

Click Here To Read/Download Order