Sambhal Mosque Row | Allahabad High Court Stays Trial Court Proceedings Till Feb 25, Seeks Responses Of UOI, UP Govt & Plaintiffs

The Allahabad High Court today stayed the Sambhal trial court proceedings till February 25 in a suit claiming that the Chandausi's Shahi Jama mosque was built after destroying a Hindu temple.A bench of Justice Rohit Ranjan Agarwal passed this order on a civil revision plea moved by the Shahi Jama Mosque Committee at Chandausi (Sambhal) challenging the trial court's order passed on November 19 directing an Advocate Commissioner to survey the mosque in a suit which claimed that the mosque was built after destroying a temple.The single judge has also called for the responses of the Union of India, the Archaeological Survey of India, the UP Government, the District Magistrate concerned and all the plaintiffs of the suit, within 2 weeks. The matter is listed for hearing next on February 25.It may be noted that the trial court proceedings were effectively stayed by the Supreme Court in November last year, wherein it was directed that the trial court wouldn't proceed with the case till the petition filed by the Masjid Committee against the survey order is listed in the Allahabad High Court. The impugned order was passed by Civil Judge (Senior Division) Aditya Singh on a suit filed by eight plaintiffs, including Mahant Rishiraj Giri, who claimed that the mosque in question was built in 1526 after demolishing a temple that stood there. The survey triggered violence on November 24, which left four persons killed.According to the Hindu Plaintiffs, the Mosque in question was originally the site of an ancient temple (Hari Har Temple) dedicated to Kalki, the last avatar of Lord Vishnu. In 1526, on the orders of Mughal Ruler Babar, the temple was partly demolished and converted into a mosque.In their suit, the plaintiffs, represented by Advocates Hari Shankar Jain and Vishnu Shankar Jain, the right to access the mosque is being claimed.Speaking to Live Law, court-appointed Advocate Commissioner Ramesh Raghav claimed that he has filed the survey report in a sealed cover last week as per the Court's November 19 direction.Before the HC, the Mosque committee submitted that it was not justified for the trial court to allow the Application of the plaintiffs for dispensing the mandatory provision of Section 80 (2) CPC on the same day when the suit was instituted as well to allow the Application for appointment of Advocate Commission for survey of disputed property.Senior Advocate SFA Naqvi, appearing for revisionist, submitted that the survey was conducted on the evening of 19.11.2024 and, thereafter, again on 24.11.2024 and thereafter, last week, the survey was completed, and the report was filed in a sealed cover.Noting that the matter requires consideration, the Court stayed the trial court proceedings and posted the matter for hearing next on February 25.Case title - Committee Of Management, Jami Masjid Sambhal Ahmed Marg Kot Sambhal vs. Hari Shankar Jain And 12 OthersClick Here To Read/Download Order

Sambhal Mosque Row | Allahabad High Court Stays Trial Court Proceedings Till Feb 25, Seeks Responses Of UOI, UP Govt & Plaintiffs

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