NEW DELHI: The Committee of Administration Belief Shahi Masjid Idgah has approached the Supreme Court docket, difficult an Allahabad Excessive Court docket order that rejected the mosque committee’s objection to the maintainability of a number of lawsuits initiated by Hindu devotees. In its plea, the Committee of Administration Belief Shahi Masjid Idgah contested the Excessive Court docket’s order dated August 1, during which the court docket dismissed functions filed beneath Order VII Rule 11 of the Code of Civil Process (CPC). These functions, submitted by the mosque committee, sought the rejection of plaints in 15 totally different fits filed by Hindu devotees.
The administration committee, represented by advocates Mehmood Pracha and RHA Sikander, has additionally requested interim reduction within the type of a keep on the Excessive Court docket’s order. Over 15 lawsuits by varied plaintiffs have been filed, asserting competing claims over the Shahi Masjid Idgah, citing it as the location of the birthplace of Lord Shri Krishna (Krishna Janmabhoomi).
“The petitioner, who has been named as a defendant by totally different plaintiffs/respondents within the 15 fits, filed particular person functions beneath Order VII Rule 11 of the CPC in every go well with, looking for the rejection of the respective plaints. These plaints have been barred by the provisions of the Limitation Act, Locations of Worship Act, Particular Aid Act, Waqf Act, and Order XXIII Rule 3A of the CPC,” the plea acknowledged.
“After listening to all events within the 15 fits, the Excessive Court docket handed a essentially flawed judgment by selectively combining pleadings from totally different fits filed by varied plaintiffs/respondents, which sought totally different reliefs, right into a single composite go well with. The court docket then selectively learn these pleadings to dismiss all functions filed beneath Order VII Rule 11 of the CPC in a standard judgment,” the plea added.
“The Excessive Court docket issued a standard judgment by selectively combining the pleadings from the 15 fits, with out considering the particular pleadings of every plaint to find out whether or not that exact plaint was barred by legislation,” the mosque committee argued in its submission. On August 1, the Allahabad Excessive Court docket dismissed the mosque committee’s petition difficult the maintainability of the lawsuits initiated by Hindu devotees.
The Krishna Janmabhoomi-Shahi Idgah Masjid dispute is being addressed in varied authorized boards. Beforehand, the Committee of Administration Belief Shahi Masjid Idgah appealed to the Supreme Court docket, difficult one other Allahabad Excessive Court docket order that transferred all petitions associated to Mathura’s Krishna Janmabhoomi land dispute from the District Court docket of Mathura, Uttar Pradesh, to the Excessive Court docket itself. The mosque committee challenged the Excessive Court docket’s Could 26 order, which facilitated this switch.
Ranjana Agnihotri, a resident of Lucknow, had filed a go well with within the Mathura court docket, claiming possession of 13.37 acres of land at Shri Krishna Janmabhoomi. In her authorized go well with, Agnihotri referred to as for the removing of the Shahi Idgah mosque, which was reportedly constructed on Krishna Janmabhoomi land. The go well with filed within the Mathura court docket seeks the removing of a mosque stated to have been inbuilt 1669-70 on the orders of Mughal Emperor Aurangzeb, inside the 13.37-acre premises of the Katra Keshav Dev temple, close to the birthplace of Lord Krishna.
