The Allahabad High Court on Tuesday fixed February 22 for hearing a plea regarding maintainability of a suit seeking removal of Shahi Idgah mosque in Mathura which it claims has been built on 13.37 acre land of Katra Keshav Deo temple.
While passing the order, Justice Mayank Kumar Jain said objections to the plea challenging maintainability of the suit have to be filed before February 22.
On January 17, the court had given time to the Hindu side to file its reply on the application of the Muslim side moved regarding maintainability of the suit.
In May last year, the high court transferred to itself all 15 cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. Notably, objections in some of the cases have been filed.
On Tuesday, after hearing counsels of the both sides, the court said, “The perusal of the record reveals that applications for rejection of plaint under Order VII Rule 11 of Civil Procedure Code are pending.” “In the cases, in which the plaintiffs have not filed their objections, may file by February 6, 2024. It is directed that before submitting their objections to the registry, the copy of the objection may be provided to the counsel for defendants,” the court added.
“The defendants are directed to file their written statements by February 13, 2024 in the suits where counter reply is not yet filed. It is made clear that no further time shall be granted to file objection/rejoinder and affidavit/counter reply,” said the court and ordered to list the matter for hearing of applications under Order VII Rule 11 of CPC.
On January 17, a copy of the Supreme Court order was submitted in the high court by which an earlier order of the high court dated December 14 last year regarding the survey of the mosque complex adjoining the Sri Krishna Janmabhoomi temple was stayed.
On December 14, 2023, the high court allowed a court-monitored survey of the Shahi Idgah complex and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.
The mosque management committee had challenged the high court’s survey order in the top court.
The Supreme Court stayed the implementation of the high court’s December 14 order.
However, the apex court made it clear that proceedings before the high court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the CPC will continue.
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