Krishna Janmabhoomi Suits | Plea In Allahabad HC Seeks Implementation Of Mathura Court's Order For Spot Inspection Of Disputed Property

Sparsh Upadhyay

30 Jan 2024 7:24 AM GMT

  • Krishna Janmabhoomi Suits | Plea In Allahabad HC Seeks Implementation Of Mathura Courts Order For Spot Inspection Of Disputed Property

    An application has been moved before the Allahabad High Court seeking implementation of Mathura court's December 2022 order directing a Civil Court Amin (also known as court officers) to visit and survey the disputed site and submit a report (with maps) in connection with the Sri Krishna Janmasthan-Shahi Idgah dispute. This application has been moved by Bhagwan Bal...

    An application has been moved before the Allahabad High Court seeking implementation of Mathura court's December 2022 order directing a Civil Court Amin (also known as court officers) to visit and survey the disputed site and submit a report (with maps) in connection with the Sri Krishna Janmasthan-Shahi Idgah dispute.

    This application has been moved by Bhagwan Bal Srikrishna Virajman Thakur Keshav Dev Ji through his next friend and Vishnu Gupta, National President of Hindu Sena in a suit pending before the HC seeking possession of the Shahi Idgah premises and demolition of the present structure situated there.

    The application states that on December 8, 2022, and then on March 29, 2023, orders were passed by the Mathura Court for a spot inspection of the disputed property, however, the same were not complied with even though such orders were neither recalled nor stayed by the High Court or any superior court.

    Against this backdrop, the application before the HC seeks the implementation of the said order for spot inspection through Court Amin as already required by the local Court in Mathura.

    In related news, the Supreme Court on Monday (January 29) adjourned until April a batch of pleas pertaining to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute but extended the interim stay granted on a high court order appointing a commission to inspect the premises of the mosque in Uttar Pradesh's Mathura.

    A bench of Justices Sanjiv Khanna and Dipankar Datta was hearing the special leave petitions filed by the mosque committee and the Uttar Pradesh Sunni Central Waqf Board challenging a May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the land dispute.

    Also listed before the bench was another SLP filed by the mosque committee challenging the order passed by the Allahabad High Court in December 2023 allowing the appointment of a court commissioner to inspect the Shahi Eidgah mosque.

    Earlier this month, the top court stayed the implementation of the Allahabad High Court order appointing a commissioner.

    The controversy in the clutch of suits relates to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

    In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously.

    However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi.

    The litigants contend that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the Shahi Eidgah mosque's removal.

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