The Allahabad high court on Monday disposed of two separate petitions filed by the UP Sunni Waqf Board and Shahi Idgah Trust, Mathura, challenging the May 19, 2022 order of the district judge of Mathura that upheld the maintainability of a suit filed by the petitioner deity, Shri Krishna Virajman Katra Keshav Dev, claiming ownership of 13.37 acre land on which Eidgah has been constructed.
The Idgah Trust and Waqf Board had moved the HC challenging the order of the district judge following which it was stayed.
Disposing of the pleas, Justice Prakash Padia remanded (sent) the matter back to the trial court with the directions to adjudicate the civil suit no. 353 of 2022 relating to this issue after following due procedure as per law.
At one stage, the Allahabad high court had by an interim order dated August 3, 2022, stayed the proceedings before the trial court.
‘All parties are free to raise their contentione
The Allahabad high court on Monday disposed of two separate petitions filed by the UP Sunni Waqf Board and Shahi Idgah Trust, Mathura, challenging the May 19, 2022 order of the district judge of Mathura that upheld the maintainability of a suit filed by the petitioner deity, Shri Krishna Virajman Katra Keshav Dev, claiming ownership of 13.37 acre land on which Eidgah has been constructed.
Now, with the present order, this stay stands vacated and the trial
court in Mathura will hear the Katra Keshav Dev Temple-Shahi Masjid
Idgah land dispute.
While disposing of the petitions filed by UP Sunni Central Waqf Board
and Trust Shahi Masjid Idgah, Justice Prakash Padia said, "All the
parties are free to raise all their contentions before the trial court
at Mathura."
The court further observed, "Any observations by this court will prejudice the rights and contentions of both the parties. The suit has now been registered as suit no. 353 of 2022.
The summons have already been issued by the trial court on May 26, 2022, for filing the respective written statements and framing of issues."
"In light of the above, both the petitions are disposed of by remanding (sending) the matter back to the trial court with directions to adjudicate the civil suit no. 353 of 2022 after following due procedure as per law," added the court.
Earlier, the petitions were filed by UP Sunni Central Waqf Board and Trust Shahi Masjid Idgah, challenging the judgment and order dated May 19, 2022, passed by the district judge, Mathura, wherein the court had directed the trial court at Mathura to hear parties concerned and pass appropriate order in the suit to remove the Shahi Idgah Masjid, allegedly built on the land of Shri Krishna Janmabhoomi. The district judge had also directed the trial court to hear both the parties and pass appropriate order.
Earlier, the suit was filed in Mathura court in September 2020 on behalf of the devotees of deity Bhagwan Shrikrishna Virajman, seeking the removal of Shahi Eidgah (mosque), adjacent the Shri Krishna temple complex in Mathura, and transfer of 13.37 acre land to the deity.
However, the suit was treated as an application by the trial court which dismissed it by stating that "the suit was filed by devotees/worshippers, and if the suit is allowed to be filed, the social and judicial system will collapse and they do not have a right to sue".
Thereafter, an appeal was filed challenging the order of the civil judge before the district court. The district court on May 19, 2022, directed the trial court, Mathura to hear the parties and pass an appropriate order. Hence, the petitioners UP Sunni Central Waqf Board and Trust Shahi Masjid Idgah filed the present petition before the high court challenging the order of district judge, Mathura dated May 19.
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