The Allahabad High Court on Thursday rejected the plea filed by the Muslim side challenging the maintainability of lawsuits filed by Hindus in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura.
The court dismissed the petition filed by Shahi Idgah Masjid that was filed under Order 7 Rule 11 CPC. With this, a single-judge bench said that all the 18 suits of the Hindu side are maintainable.
Several suits were seeking the “removal” of the Shahi Idgah mosque located adjacent to the Krishna Janmabhoomi temple, with litigants claiming that the Aurangazeb-era mosque was built after the demolition of the temple.
The mosque management committee, in its petition, had challenged these suits.
The bench declared that the lawsuits filed by Hindu worshippers and the deity are not barred by the Limitation Act or the Places of Worship Act, among other laws.
The Hindu petitioners had defended their plea by saying that property under Shah Idgah’s name is not mentioned in any government record and that the mosque is occupied illegally.
They also contended that if the property in question is a Waqf property, the board should provide information about the donor of the disputed property. Additionally, they argued that the Acts of Worship Act, Limitation Act, and Waqf Act do not apply to this case.
The suits filed by the Hindu side contain a common prayer seeking the “removal” of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura. The additional prayers include seeking possession of the Shahi Idgah premises.
During the hearing, the Hindu plaintiff also claimed that it is Waqf’s “nature” to encroach on properties and convert them into their own and argued that this kind of practice should not be allowed.
They also argued that the Waqf Act’s provisions should not apply in this case because the disputed property is not classified as Waqf property.
With inputs from agencies
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Allahabad HC rejects Muslim side’s plea in Krishna Janmabhoomi case
