Krishna Janmabhoomi Case : HC Order To Treat Mosque Committee As Ex-Parte In 2 Suits Recalled, Supreme Court Told

The Supreme Court today dismissed as infructuous a petition challenging an order of the Allahabad High Court in the Krishna Janmabhoomi-Shahi Eidgah Mosque case, whereby in two suits preferred by the Hindu worshippers, the Mosque Committee was directed to be proceeded against ex-parte.

A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, upon being informed that recall applications in respect of the impugned order have been allowed by the High Court.

For context, after the dismissal of the Mosque Committee's applications under Order 7 Rule 11 CPC for rejection of the Hindu side's plaints on August 1, 2024, the High Court had listed all the suits on August 12 for further proceedings.

On the said date, the Mosque Committee statedly informed the High Court that in original suit nos. 7/2023 and 16/2023, written statements had been filed in 2023. Yet, on August 12, the Court directed that the said suits shall proceed ex-parte, as no written statement had been filed.

Aggrieved by this part of the order, the Mosque Committee approached the Supreme Court.

Background

The controversy is related to Mughal emperor Aurangzeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously. However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi. The litigants' contention is that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the Shahi Eidgah mosque's removal.

In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute.

"...Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC."

This transfer order was challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board.

In December, 2023, the High Court allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Eidgah Mosque. The order was passed on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others. In a challenge brought by the Mosque Committee, the Supreme Court stayed the implementation of the order in January, 2024. Subsequently, this stay was extended.

Recently, the Mosque Committee approached the Supreme Court against Allahabad High Court's judgment dated August 1, whereby its plea under Order 7 Rule 11 CPC challenging the maintainability of 15 suits preferred by the deity (Lord Krishna) and Hindu worshippers was dismissed.

Case Title: MANAGEMENT COMMITTEE, SHAHI EIDGAH MASJID TRUST v. LORD SHRI KRISHNA LALLA SEATED, BIRTHPLACE, SLP(C) No. 21359-21360/2024

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