In the ongoing Shahi Idgah Mosque-Shri Krishna Janmabhoomi dispute, a civil court in Mathura on Monday continued hearing submissions from both sides on whether it should first hear the plea for a court-appointed commission’s survey of the mosque or the application challenging the maintainability of the suit itself.
The court was hearing a suit filed by advocate Mahendra Pratap Singh, seeking that the property on which the Shahi Idgah Mosque is built be transferred to Shri Krishna Janmabhoomi Temple authorities. In this suit, Mr. Singh had filed an application seeking that a court commission be ordered to survey the mosque premises to investigate signs of Hindu temples having predated the mosque.
However, the masjid management committee, has filed an application under Order VII Rule 11 of the Code of Civil Procedure, challenging the maintainability of Mr. Singh’s suit.
Advocate Tanveer Ahmed, secretary of the masjid management committee and its lawyer, said, “We have presented several High Court and Supreme Court judgments that mandate that maintainability should be heard first.”
Mr. Singh said, “A district court in Mathura has already heard these submissions in an identical suit and decided that the plea for a court-commissioned survey should be disposed of as soon as possible. So, we have argued that our application should be heard first.”
The court is now set to take up the matter for the next hearing on July 21.
The Shahi Idgah Mosque in Mathura is now defending at least six separate suits filed by Hindu parties claiming ownership of the land of the mosque on behalf of the Shri Krishna Janmabhoomi Temple adjacent to it.
The plaintiffs have argued that the birthplace of Lord Krishna lies underneath the mosque and that the mosque was built allegedly after demolishing and displacing Hindu idols from the site.
HC hears case
The matter pertaining to one of these suits also came up for hearing before the Allahabad High Court, which on Monday asked the concerned civil court in Mathura to expeditiously hear the matter.
This case was related to the suit filed by one Manish Yadav, which had also sought an investigation of the mosque premises in a bid to prove its alleged Hindu religious character. With the suit pending, he had moved the High Court to expedite the hearing in his suit.
After hearing submissions, the Allahabad High Court ordered the concerned court to hear the suit and the challenge to its maintainability expeditiously, preferably within three months from being served a copy of its order.
