Krishna Janmabhoomi Suit- Allahabad HC Directs Mathura Court To Decide Application On Mosque Survey In 3 Months
|The Allahabad High Court has directed the Civil Judge (Senior Division) of Mathura to expedite and decide within three months, the application for a survey of the Shahi Eidgah and Jahanara's mosque by the Archaeological Survey of India and the objections filed by the Sunni Central Waqf Board in the suit.
The Court has also directed that the application under Order 7 Rule 11 filed by the Respondent be decided simultaneously.
Justice Vipin Chandra Dixit passed the order in the petition filed by Bhagwan Sri Krishna Virajman and three others.
Senior Advocate Adish Agarwal, along with Senior Advocate Shashank Singh, appearing for the petitioner said that on April 14, 2021, an application was filed for conducting a scientific investigation of Shahi Eidgah and Jahanara's mosque before the court of the civil judge, but till date, no heed has been paid to it.
Advocate Punit Kumar Gupta appearing for the U.P. Sunni Central Waqf Board submitted that the Board has filed an application under Order 7 Rule 11 C.P.C, which is also pending consideration and he has no objection if both the applications are expedited and decided simultaneously.
"In view of above, Civil Judge(Senior Division), Mathura/Court concerned is directed to decide the application dated 14.4.2021(Paper No. 14-Ga) of the plaintiffs-petitioners and the application filed by respondent no.1 under Order 7 Rule 11 C.P.C. dated 16.7.2022 in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others) expeditiously, if possible within three months from the date of production of certified copy of this order after affording opportunity of hearing to the parties concerned and without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment", the Court directed.
The Suit was filed by Bhagwan Sri Krishna Virajman and Others for cancellation of judgment and decree dated July 20 1973, and November 7 1974 passed by Civil Judge, Mathura in Civil Suit No. 43 of 1967 as well as for the removal of encroachment.
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