Karnataka HC gives nod to lower court to decide validity of suit against mosque
The Malali mosque in Mangaluru has been in controversy ever since a Hindu temple-like structure was found underneath it during renovation. The HC had previously directed the Mangaluru court not to give its verdict regarding the issue.
The High Court of Karnataka has dismissed a petition that sought the appointment of a commissioner to survey a mosque in Mangaluru before a local court heard the maintainability of a suit making the same demand.
An original suit was filed by T A Dhananjaya and B A Manoj Kumar of Mangaluru stating that parts of a temple were discovered during the renovation of the Assayed Abdullahi Madani mosque in Malali, Thenka Ulipady village, near Mangaluru.
Before the Third Additional Civil Court in Mangaluru they had sought a survey of the mosque to verify this claim. The court was hearing arguments whether such a suit was maintainable.
The two men had approached the HC with a petition seeking a direction to the lower court not to hear the maintainability aspect of the suit but appoint a commissioner to do the survey first.
They feared that if the suit was dismissed, the Hindu structure would be removed by the mosque authorities. The single judge bench of the High Court of Justice Sachin Shankar Magadum on Friday dismissed the petition. This paves the way for the lower court to decide whether the suit is maintainable or not.