Krishna Janmabhoomi case: Hearing to continue on Wednesday

The matter is being heard by justice Mayank Kumar Jain on applications (under Order 7 Rule 11 civil procedure code ( CPC ) moved by the Muslim side challenging the maintainability of 18 consolidated suits.

Hearing on the Krishna Janmabhoomi- Shahi Eidgah title dispute in Mathura will continue in the Allahabad high court on Wednesday.

A view of Sri Krishna Janmabhoomi temple and Shahi Idgah mosque, in Mathura (KK Arora/ANI)

The matter is being heard by justice Mayank Kumar Jain on applications (under Order 7 Rule 11 civil procedure code ( CPC ) moved by the Muslim side challenging the maintainability of 18 consolidated suits .

On Tuesday, counsel appearing on behalf of the Hindu side, in reply to the arguments raised from the Muslim side, submitted that the suit was maintainable and the plea regarding non-maintainability could only be decided after leading evidences.

It was further submitted that provisions of Places of Worship Act 1991 would not apply here.

Advocate Rahul Sahai appearing for the plaintiff in one of the suits submitted that religious character had not been defined in the 1991 Act. The religious character of place/structure could only be decided by evidence, which could only be decided by the civil court .He also placed a judgment passed in the Gyanvapi case which had held that religious character could only be decided by a civil court.

It was further submitted that provisions of Waqf Act would not apply as the property in dispute was not waqf property . The property in question was a temple and after taking forceful possession of the same namaz was being offered there but in this way the character of land could not be changed. It was further submitted that as the property in question was not waqf property, this court had jurisdiction to hear the matter.