Krishna Janmabhumi Dispute | "Expeditiously Decide Plea Seeking Scientific Probe At Shahi Idgah": Allahabad HC To Mathura Court

The Allahabad High Court has directed Mathura Court to expeditiously decide on an application filed before it for conducting a Scientific Investigation of Shahi Eidgah and Jahanara's Masque in connection with a 2021 suit (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).

The bench of Justice Vipin Chandra Dixit ordered thus while hearing an Article 227 plea moved by Bhagwan Shrikrishna Virajman And 3 Others seeking a direction to the Civil Judge(Senior Division), Mathura to decide the application filed before the Mathura Court.

Essentially, an application was moved before the Mathura Court by Bhagwan Shrikrishna Virajman through one Manish Yadav in April this year, however, since the same remained pending before the Court, the instant plea seeking the aforesaid direction was moved before the High Court.

The application (before the Mathura Court) has been filed under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting Scientific Investigation of Shahi Eidgah and Jahanara's Masque in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).

The Counsel for the petitioners submitted that the suit was filed by plaintiffs-petitioners for cancellation of judgment and decree dated 20.7.1973 and 7.11.1974 passed by Civil Judge, Mathura in Civil Suit No. 43 of 1967 as well as for the removal of encroachment over the disputed property.

Thereafter, the petitioners moved an application on 14.4.2021 for an expert's opinion. It was further submitted that although respondents have been served, they have not filed any objection to the application dated 14.4.2021.

On the other hand, the counsel appearing for the U.P. Sunni Central Waqf Board (respondent no.1) submitted that he had also filed an application under Order 7 Rule 11 C.P.C. on 16 July 2022  which is also pending for consideration and he has no objection if both the applications are expedited and decided simultaneously.

In view of the above, the Allahabad High Court directed Civil Judge(Senior Division), Mathura/Court to decide the application of the plaintiffs-petitioners and the application filed by respondent no.1 expeditiously, if possible within three months after affording an opportunity of hearing to the parties concerned.

With aforesaid direction, the instant petition under Article 227 of the Constitution of India was finally disposed of.

Case title - Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5268 of 2022]

Case Citation: 2022 LiveLaw (AB) 326

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