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Krishna Janmabhoomi issue: Mathura court hears arguments on maintainability of a case
The hearing took place in case no. 152 of 2021 Bhagwan Sri Krishna Virajman versus U.P. Sunni Central Waqf Board and others filed in the court of civil judge (senior division) Mathura in December last year
The court of civil judge (senior division), Mathura, on Monday heard arguments of the lawyers representing the Shahi Eidgah Mosque which has challenged the maintainability of the suit filed by Hindu petitioners on Sri Krishna Janmabhoomi issue. The Hindu petitioners have filed the suit seeking removal of Shahi Eidgah Mosque which shares wall with Sri Krishna Janmabhoomi in Mathura.
The hearing took place in case no. 152 of 2021 Bhagwan Sri Krishna Virajman versus U.P. Sunni Central Waqf Board and others filed in the court of civil judge (senior division) Mathura in December 2021. The petitioner Manish Yadav had sought removal of Shahi Eidgah mosque allegedly built after razing temples during the reign of Mughal Emperor Aurangzeb.
Manish Yadav, the petitioner, had earlier on May 12, 2022 moved applications before the Allahabad high court which directed the lower court in Mathura to decide the two applications filed on behalf of Bhagwan Shri Krishna Virajman in connection with the Krishna Janmabhoomi issue within four months.
The management committee of Shahi Eidgah Mosque has filed its objections under Order 7 Rule 11 of Civil Procedure Code challenging the maintainability of the case in light of compromise entered in 1968.
“Arguments took place in the court on Monday and maintainability of the case was challenged. The suit is time barred and non-maintainable and is also barred by Places of Worship Act (Special Provision) Act 1991. The arguments are to continue for which the court has fixed October 12, 2022 as the next date of hearing,” said Tanveer Ahmed, secretary, Shahi Eidgah management committee and counsel for it in the case.
The day saw hearing in another case filed by a Lucknow-based lawyer Shailendra Singh on the same issue in the court of civil judge (senior division), Mathura, but the petitioner was not present in the court and last opportunity was provided to Singh, who is both counsel for and petitioner in the case, to turn up in the case on next date of hearing on October 21.
The third case listed on Monday was in the court of the district judge where the Hindu petitioners have filed revision against the order by the court of civil judge (senior division), Mathura, which had ordered day-to-day hearing on the application moved under Order 7 Rule 11 by the management committee of Shahi Eidgah Mosque.
The Hindu petitioners were pressing for a hearing first on the application moved by them seeking survey at the Shahi Eidgah Mosque but the court was not much impressed and thus the Hindu petitioner moved revision in the court of district judge of Mathura.
“The U.P. Sunni Central Waqf Board is yet to appear in the case and thus date of October 28, 2022 was fixed in the case for steps to summon the U.P. Sunni Central Waqf Board,” said Mahendra Pratap Singh, the lawyer and petitioner in this case no. 950 of 2020 on Sri Krishna Janmabhoomi issue.
