The Allahabad High Court in the case Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman and Ors and has refused to an oral plea raised by the Mosque committee to stay the order passed by the Allahabad High Court wherein it allowed an application for the appointment of a court commissioner for the inspection of the mosque.
The bench comprising of Justice Sanjiv Khanna and Justice SVN Bhatti was hearing the special leave petition filed by the mosque committee wherein it challenged the May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the land dispute. The bench in the case observed that the High Court order has not been formally challenged before it.
The counsel, Senior Advocate Huzefa Ahmadi, for the Mosque Committee, raised concerns over the high court wherein it considered the interlocutory applications having ‘far-reaching implications’, even while the mosque committee’s challenge to the high court’s jurisdiction was pending before the Supreme Court.
The bench headed by Justice Khanna observed and has expressed disinclination to interfere with the order which has not been brought before the bench. “How can I stay the order without it being before me?
Justice Khanna stated that Please tell the high court that this matter is listed on January 9, when the senior counsel urged the court to intervene.
In the present case, the application had been moved in the original suit which is presently pending in the High Court concerning Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.
The suit was filed from the May 2023 order of the Allahabad High Court transferring to itself all the suits pending before the Mathura Court wherein the court prayed for various reliefs on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
Therefore, the High Court on November 16 transferred to itself two new suits filed before the Court of District Judge, Mathura concerning the dispute in question.
Further, it has been directed by the court to the District Judge to ensure that intimation to the parties to the suit is given about the transfer of these two civil suits from Mathura to this Court and that such information be submitted separately at an early date.
The court in the case observed and has also inquired from the District Judge, Mathura as to whether any other matter, apart from these cases, of a similar nature involving the subject matter is filed/ pending in any Court in Mathura Judgeship.
The court on November 16 took on record the Application filed under Order 7 Rule 11 (D) read with Section 151 CPC on behalf of defendant no.1 & defendant no 2 to reject the plaint as filed by plaintiffs claiming that the same is not maintainable since it is barred by the law.
The Supreme Court in the case observed and has refused to suspend the ongoing proceedings before the Allahabad High Court in the original suit in question. Accordingly, the court listed the matter for further consideration on January 09, 2024.
