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Krishna Janmabhumi Case: Allahabad HC Gives Last Chance To Respondents To File Reply In Plea Seeking Transfer Of Pending Suits
Sparsh Upadhyay
5 April 2023 12:23 PM GMT
The Allahabad High Court on Tuesday granted a last chance to the respondents to file their replies in a plea filed before the HC seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.The Bench of Justice Arvind Kumar Mishra-I passed this order today weeks after it entertained and agreed...
The Allahabad High Court on Tuesday granted a last chance to the respondents to file their replies in a plea filed before the HC seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
The Bench of Justice Arvind Kumar Mishra-I passed this order today weeks after it entertained and agreed to hear a Transfer plea filed by Bhagwan Shrikrishna Virajman And 7 Others seeking the transfer of suits pending in Mathura Court to the HC.
It may be noted that on March 15 also, the Court granted a last chance to the respondents to file their replies in the matter, however, when on April 4, the parties concerned submitted that they are almost ready with their affidavits, so the Court granted them one more chance to file their replies by April 7.
Earlier, the respondent parties (being U.P. Sunni Central Waqf Board, Committee of Management Trust, Shahi Masjid, Mathura, Sri Krishna Janambhumi Trust, and Shri Krishna Janamsthan Sewa Sansthan) were given time till Feb 28 to file their replies.
However, on Tuesday, the counsel for respondent no. 1 - U.P. Sunni Central Waqf Board, Lucknow stated that a counter affidavit is under preparation, some correction is required to be made due to which the same could not be filed but it would be filed within a short span of time by e-filing on the website of this Court and the copy of the same will be given to the applicant.
The Counsel for respondent no. 2- Committee of Management, Trust Shahi Masjidgah showed a hard copy of the counter affidavit to the Court, although he admitted that the same had not been filed through e-mode on the record of the High Court. He submitted that the needful shall be done at the earliest.
The counsel for respondent no. 3 - The Shree Krishna Janambhoomi Trust, Mathura stated that the respondent is not interested in filing any counter affidavit because respondent no.3 intends the matter to be decided expeditiously. He has nothing to do with the forum of litigation.
Lastly, the counsels for respondent no. 4 - Shri Krishna Janamsthan Sewa Sansthan claimed themselves to be appearing on behalf of respondent (no. 4) and submitted that they would file their Vakalatnama bringing on record through e-mode. Therefore, they sought some time to file a counter affidavit.
At the outset, the Court observed that the plea raised on behalf of the opposite party No. 4, on the face, is misleading and appears to have been made with a view to hampering the proceeding of this Court, however, considering the facts and circumstances of the case and in the interest of justice, the Court granted it a last chance to file the affidavit by 7th of April, 2023.
"In case no copy of the counter affidavit is served upon the parties concerned, it wll be deemed that the respondent no.4 has nothing to say in regard to the consideration of this transfer application and this Court will proceed further with the case on the next date fixed," the Court directed as it posted the matter for further hearing on April 11.
The Transfer plea before the High Court
The Transfer plea, filed through Advocates Prabhash Pandey and Pradeep Kumar Sharma has been moved on the ground that the issues involved in the suits pending before the Mathura Court concern crores of devotees of Lord Krishna and the matter is of national importance, hence, the same should be transferred to the HC.
It has been further submitted that the substantial questions of law and several questions relating to the interpretation of the Constitution of India which are involved in the suits pending before the Mathura Court can be conveniently decided by the High Court.
Hence, it has been prayed that High Court should exercise its powers under Section 24(1)(b) of the Code of Civil Procedure to transfer the pending suits to itself.
Alternatively, the plea prays that all the cases may be transferred to one Court and if possible, to the senior most Court of Mathura Judgeship i.e. the Court of District Judge, Mathura for disposal to avoid the possibility of different verdicts of different Courts on similar issues and also for the sake of convenience of the parties.
Opposing the plea, the Counsel for the U.P. Sunni Central Waqf Board, Punit Kumar Gupta on Feb 1 argued that the transfer plea is not maintainable and instead, an application under Article 228 of the Constitution should have been moved before the Chief Justice of the High Court for the said purpose.
It was also submitted that the applicants alone cannot file transfer applications on behalf of the parties to other cases and they should also be heard in the matter.
Appearances
Counsel for Applicant: Prabhash Pandey, Pradeep Kumar Sharma
Counsel for Opposite Party: Punit Kumar Gupta, Devid Kumar Singh, Nasiruzzaman, Prateek Rai, Varun Singh
Case title - Bhagwan Shrikrishna Virajman And 7 Others vs. U.P. Sunni Central Waqf Board And 3 Others [TRANSFER APPLICATION (CIVIL) No. - 88 of 2023]
