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KRISHNA JANMABHOOMI: Daily hearing from July 25 on maintainability of case
The case seeks the removal of the Shahi Eidgah (mosque) adjacent to the Shri Krishna temple complex in Mathura and the transfer of 13.37 acres to the Hindu deity.
The court of the civil judge (senior division) in Mathura will conduct day-to-day hearing from July 25 on maintainability of the case filed on behalf of the deity, Bhagwan Sri Krishna Virajman, in the Sri Krishna Janmabhoomi matter.
Removal of the Shahi Eidgah (mosque), adjacent to the Shri Krishna temple complex in Mathura, and transfer of 13.37 acre land to the deity has been sought in the case.
The court has clarified that no adjournments will be allowed to any of the parties and the matter will be taken up at 3pm every working day at the Mathura court.
The Hindu petitioners were seeking a survey of the Shahi Eidgah Mosque before disposal of the application challenging maintainability of the case. One of the petitioners and counsel Mahendra Pratap Singh stated on Thursday evening that they would file a revision against the order of the civil judge (senior division), Mathura, passed earlier in the day.
“Certain important aspects were overlooked by the court and thus we would be filing revision against the order passed by the court of the civil judge (senior division) Mathura on Thursday,” Mahendra Pratap Singh said.
The application challenging the maintainability of the case was filed under Order 7 Rule 11 of the Civil Procedure Code by counsel for the management committee of the Shahi Eidgah Mosque. The application was part heard, but meanwhile those appearing for the deity filed an application in May for a survey of the Shahi Eidgah Mosque.
The Hindu side alleged that there was material evidence within premises of Shahi Eidgah Mosque including signs of lotus, Om and other Hindu symbols which could be removed by those managing and visiting the mosque. As such, a survey by a court commissioner was a must to meet the ends of justice, they had said.
The mosque management committee welcomed the Thursday’s order.
“We welcome the order passed by the court of the civil judge (senior division), Mathura, which has ordered for day-to-day hearing on the application moved to challenge the maintainability of the case filed seeking removal of Shahi Eidgah Mosque. The case no. 950 of 2020 has been filed on wrong basis and has no legal substance and we had thus rightly challenged the maintainability of the case by moving application under Order 7 Rule 11 of Civil Procedure Code (CPC),” said Tanveer Ahmed, the secretary and counsel for management committee of Shahi Eidgah Mosque in Mathura.
“What is the logic of a survey in a case which is not even maintainable in eyes of the law but petitioners have been filing baseless applications, including that for survey of Shahi Eidgah Mosque, just to delay the matter,” Ahmed alleged.
In the Sri Krishna Janmabhoomi matter, petitioners have sought cancellation of the judgment and decree dated July 20, 1973 and the judgment and decree dated November 7, 1974 passed in civil suit no. 43 of 1967 by the civil judge, Mathura.
The petitioners have also challenged the settlement dated October 10, 1968 between Sri Krishna Janmsthan Seva Sangh and Shahi Masjid Idgah, which was part of suit no. 43 of 1967, alleging that it had no legal validity because the Sri Krishna Janmabhoomi Trust, having ownership and title of the property, was not party to the settlement.
