New Delhi: The Committee of Management Trust Shahi Masjid Idgah has approached the Supreme Court, challenging an Allahabad High Court order that rejected the mosque committee's objection to the maintainability of several lawsuits initiated by Hindu devotees.
In its plea, the Committee of Management Trust Shahi Masjid Idgah contested the High Court's order dated August 1, in which the court dismissed applications filed under Order VII Rule 11 of the Code of Civil Procedure (CPC). These applications, submitted by the mosque committee, sought the rejection of plaints in 15 different suits filed by Hindu devotees.
The management committee, represented by advocates Mehmood Pracha and RHA Sikander, has also requested interim relief in the form of a stay on the High Court's order. Over 15 lawsuits by various plaintiffs have been filed, asserting competing claims over the Shahi Masjid Idgah, citing it as the site of the birthplace of Lord Shri Krishna (Krishna Janmabhoomi).
"The petitioner, who has been named as a defendant by different plaintiffs/respondents in the 15 suits, filed individual applications under Order VII Rule 11 of the CPC in each suit, seeking the rejection of the respective plaints. These plaints were barred by the provisions of the Limitation Act, Places of Worship Act, Specific Relief Act, Waqf Act, and Order XXIII Rule 3A of the CPC," the plea stated.
"After hearing all parties in the 15 suits, the High Court passed a fundamentally flawed judgment by selectively combining pleadings from different suits filed by various plaintiffs/respondents, which sought different reliefs, into a single composite suit. The court then selectively read these pleadings to dismiss all applications filed under Order VII Rule 11 of the CPC in a common judgment," the plea added.
"The High Court issued a common judgment by selectively combining the pleadings from the 15 suits, without taking into account the specific pleadings of each plaint to determine whether that particular plaint was barred by law," the mosque committee argued in its submission.
On August 1, the Allahabad High Court dismissed the mosque committee's petition challenging the maintainability of the lawsuits initiated by Hindu devotees.
The Krishna Janmabhoomi-Shahi Idgah Masjid dispute is being addressed in various legal forums. Previously, the Committee of Management Trust Shahi Masjid Idgah appealed to the Supreme Court, challenging another Allahabad High Court order that transferred all petitions related to Mathura's Krishna Janmabhoomi land dispute from the District Court of Mathura, Uttar Pradesh, to the High Court itself. The mosque committee challenged the High Court's May 26 order, which facilitated this transfer.
Ranjana Agnihotri, a resident of Lucknow, had filed a suit in the Mathura court, claiming ownership of 13.37 acres of land at Shri Krishna Janmabhoomi. In her legal suit, Agnihotri called for the removal of the Shahi Idgah mosque, which was reportedly built on Krishna Janmabhoomi land. The suit filed in the Mathura court seeks the removal of a mosque said to have been built in 1669-70 on the orders of Mughal Emperor Aurangzeb, within the 13.37-acre premises of the Katra Keshav Dev temple, near the birthplace of Lord Krishna.
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