BREAKING | Krishna Janmabhumi Dispute: Allahabad HC Allows Plea To Appoint Commission To Inspect Mathura's Shahi Idagh Mosque

A bench of Justice Mayank Kumar Jain passed this order on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan in an original suit pending in the HC.

It may be noted that in the application, moved in the original suit pending before the HC, it was claimed that Lord Sri Krishna's birthplace lies beneath the Mosque and that there are many signs which establish that the Mosque is a Hindu temple hence, the appointment of a commission was essential.

The application had further submitted that there exists a lotus-shaped pillar which is a classic characteristic of Hindu temples and an image of Sheshnaag, one of the Hindu deities who protected Lord Krishna on the night of his birth, is also present there. The application also added that at the base of the pillar of the Mosque, Hindu religious symbols and engravings are also visible.

As stated, this application had been moved in the original suit, presently pending in the HC concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.

The said suit emanated from a May 2023 order of the Allahabad High Court transferring to itself all the suits pending before the Mathura Court praying for various reliefs on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.

Our readers may note that in the suit, inter alia, a declaration has been sought that the land in dispute (including the area where Shahi Idgah Mosque is situated) vests in the deity Lord Shree Krishna Virajman and it further seeks a direction to the defendants (including UP Sunni U.P. Sunni Central Waqf Board) to remove the Mosque in question.

In related news, the HC, on November 16 transferred to itself two new suits filed before the Court of District Judge, Mathura concerning the dispute in question.

The Court further directed the District Judge to ensure that intimation to the parties to the suit is given about the transfer of these two civil suits from Mathura to this Court and that such information be submitted separately at an early date.

In its order, the Court also inquired from the District Judge, Mathura as to whether any other matter, apart from these cases, of a similar nature involving the subject matter is filed/ pending in any Court in Mathura Judgeship.

Importantly, on November 16, the Court also took on record the Application filed under Order 7 Rule 11 (D) read with Section 151 CPC on behalf of defendant no.1 & 2 to reject the plaint as filed by plaintiffs claiming that the same is not maintainable since it is barred by the law.

In related news, the Supreme Court on Friday (November 10) refused to suspend the ongoing proceedings before the Allahabad High Court in the original suit in question.

Citation: 2023 LiveLaw (AB) 492