Mathura court dismisses revision plea for survey of Shahi Eidgah mosque
Abhishek Pandey, the ADJ (court no. 6), Mathura, found no substance in the revision filed by the Hindu petitioners.
The revision petition filed by Hindu petitioners seeking hearing on application seeking survey of Shahi Eidgah mosque ahead of the application moved by Eidgah committee challenging maintainability of the case was dismissed by the court of the additional district judge (ADJ) (court no. 06), Mathura on Saturday.
Abhishek Pandey, the ADJ (court no. 6), Mathura, found no substance in the revision filed by the Hindu petitioners. The court said the order passed by the civil judge (senior division), Mathura, was legally correct and required no interference by the revision court.
“The Court of Civil Judge (Senior Division) in its order dated 21.07.2022 had not disposed of any application and had merely ordered for hearing of application moved under Order 7 Rule 11 challenging the maintainability. As such there was no final order passed by lower court which might have harmed interest of any of the party to suit and as such revision filed has no force and is dismissed,” said the ADJ (court no 06), Mathura in his order.
Welcoming the order, secretary and counsel for Shahi Eidgah management committee Tanveer Ahmed said, “There revision petition filed by Hindu petitioners deserved to be dismissed. The lower court had ordered day-to-day hearing on our application under Order 7 Rule 11 Civil Procedure Code (CPC) challenging the maintainability of suit filed by Hindu petitioners.”
“There is unit of Central Reserve Police Force (CRPF) deployed on premises of Shahi Eidgah mosque and thus there exist no chance of any tempering with symbols, which in any case nowhere existed, to prove that it was temple in past. There was no need for survey of Shahi Eidgah Mosque as prayed by Hindu petitioners who needlessly filed the revision” Ahmed added.
“We are studying the order passed by revision court and will decide future course to be taken,” said Mahendra Pratap Singh, one of the Hindu petitioners and counsel in the petition.
“There is vital evidence on the premises of Shahi Eidgah mosque which proves that it was a Hindu structure and the original birthplace of Lord Krishna and always a part of Sri Krishna Janmabhoomi demolished by Mughal Emperor Aurangzeb. The Eidgah premises still has Hindu signs and symbols which the Muslim party is inclined to remove or damage while delaying survey of Eidgah premises, and as such revision was filed to have survey of Shahi Eidgah Mosque,” Singh added.
The counsel for the Uttar Pradesh Sunni Central Waqf Board and the counsel for the Shahi Eidgah Mosque had opposed the revision and the demand for the survey.
The revision petition was filed by the Hindu petitioners against the order of the civil judge (senior division), Mathura, dated July 21, 2022, for day-to-day hearing on an application moved by the counsel for the Shahi Eidgah mosque under Order 7 Rule 11 of the Civil Procedure Code challenging the maintainability of the suit filed by Hindu petitioners who sought removal of the Shahi Eidgah mosque.
The Hindu petitioners were aggrieved by order passed by the civil judge (senior division), Mathura, because they were pressing for the disposal of their application on the survey ahead of other applications. Hence, then filed the revision petition.
The original petition under revision was filed on behalf of Bhagwan Sri Krishna Virajman and three others in September 2020, seeking the removal of Shahi Eidgah mosque and handing over of the land measuring 13.37 acres to the Sri Krishna Janmabhoomi Trust.
