Krishna Janmabhoomi-Shahi Idgah dispute: Suit seeking ‘removal’ of mosque barred by limitation, high court told
As per her, the parties had entered into a compromise on October 12, 1968 and the said compromise was confirmed in a civil suit decided in 1974.
The Allahabad high court on Thursday fixed March 13 for further hearing the Krishna Janmabhoomi-Shahi Idgah Masjid title dispute matter. Earlier in the day, Justice Mayank Kumar Jain heard the 18 consolidated suits filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat and others.
The court is hearing the applications filed by the Muslim side under Order 7 Rule 11 of Civil Procedure Code (CPC) regarding maintainability of suits. In continuation of her earlier arguments, while appearing on behalf of Muslim side through video conference, senior advocate Tasneem Ahmadi submitted before the court that suit is barred by limitation.
As per her, the parties had entered into a compromise on October 12, 1968 and the said compromise was confirmed in a civil suit decided in 1974. The limitation to challenge a compromise is three years but the suit was filed in 2020 and therefore, the present suit is barred by limitation.
It was further submitted that suit has been filed for possession after removal of structure of Shahi Idgah Masjid as well as for restoration of temple and for permanent injunction. The prayer in the suit shows that the structure of Masjid (mosque) is there and committee of management is in possession of the same.
“In this way a question/dispute has been raised on Waqf property and thus provisions of Waqf Act will apply and as such, it is the Waqf Tribunal which has the jurisdiction to hear the matter and not a civil court like the present one,” she argued.
On the earlier occasion, she had submitted before the court that the title suit is not maintainable as the same is barred by the provisions of Waqf Act as well as the Places of Worship Act 1991, which prohibits conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
The Allahabad high court is hearing a plea regarding maintainability of a suit seeking removal of Shahi Idgah mosque in Mathura which it claims has been built on 13.37-acre land of Katra Keshav Deo temple. As per previous direction of the court, senior advocate Manish Goyal appeared as amicus curiae before the court.
On December 14, 2023, the high court had allowed a court-monitored survey of the Shahi Idgah complex and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.
Subsequently, this order was challenged by the mosque management committee before the Supreme Court, which stayed the order dated December 14, 2023, regarding the survey of the mosque complex adjoining the Sri Krishna Janmabhoomi temple.
Although the SC stayed the implementation of the high court’s December 14 order, the apex court made it clear that the proceedings before the high court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code will continue.
In May last year, the high court transferred to itself all cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute pending before the civil court of Mathura.