The court of additional district judge (court no. 7) at Mathura on Tuesday ordered issuing notices to respondents for hearing on the application seeking permission to file a case on Sri Krishna Janambhoomi issue in representative capacity by Lucknow-based lawyer Shailendra Singh. The court has fixed July 26 as the next date of hearing in this case.
“We filed a fresh petition on May 17 this year along with application under section 92 read with section 91 and section 151 of Code of Civil Procedure (CPC) which provides that either advocate general of state or two or more persons with common intention can file application before district judge seeking permission to file a suit in representative capacity,” said lawyer Shailendra Singh.
Singh, a lawyer from Lucknow, filed this case on behalf of Bhagwan Sri Krishna Virajman at Katra Keshav Dev through himself as next friend and devotee of Lord Krishna. Other petitioners include lawyers from Delhi and Lucknow beside six girl law students from Lucknow and Dehradun universities.
“Today (Tuesday) after hearing the matter at length, additional district judge (court no. 07), Mathura, Sanjay Chaudhary passed order for issuing notice to respondents for filing their objections regarding this application under section 92 CPC read with section 91 and section 151 of CPC and fixed July 26, 2022 as next date of hearing in the case,” Singh added.
The court, in its order on Tuesday, highlighted that matter was related to religious belief of crores of believers and thus could not be considered merely a dispute between parties to litigation.
{{/usCountry}}The court, in its order on Tuesday, highlighted that matter was related to religious belief of crores of believers and thus could not be considered merely a dispute between parties to litigation.
{{/usCountry}}“In such a sensitive matter, not only the final order but also the orders passed in beginning and during litigation should be keeping in view the sensitivity and thus sufficient opportunity should be allowed to opposite parties for imparting fair opportunity in process of justice and as such notices be issued to Management Committee of Shahi Eidgah Mosque and Janamsthan Management Committee for fair disposal of application,” observed additional district judge, (court no. 07), Mathura, Sanjay Chaudhary.
The petitioner has advocated representative suit so that all pending cases on issue of Sri Krishna Janambhoomi before Mathura court could be heard together. The petitioner has also sought permanent injunction to restrain the managing committee and staff of Shahi Eidgah Mosque, alongside Sri Krishna Janambhoomi, from entering premises of 13.37-acre land and give the possession back after removal of alleged structure (mosque).
Lawyer Shailendra Singh has already filed a case (152 of 2021) challenging the settlement dated 12.10.1968 between Sri Krishna Janmasthan Seva Sangh and Shahi Masjid Eidgah which was part of suit no. 43 of 1967 alleging that it had got no legal validity because the Sri Krishna Janmabhoomi Trust, having ownership and title, was not party to the settlement.