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Plea In Varanasi Court Prays For Transfer Of Suit Seeking Possession Of Gyanvapi Mosque Premises From FTC To District Judge

Sparsh Upadhyay
16 Nov 2022 9:39 AM GMT
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An application has been moved before the District Judge, Varanasi to transfer a suit, seeking handing over of the possession of the Gyanvapi Mosque premises to 'Lord Adi Vishweshwar Virajman', pending before the FTC/Civil Judge (Senior Division), to the Court of District Judge, which is presently hearing another suit of a similar nature.

The transfer application has been moved under Section 24 (1) (b) of CPC by Laxmi Deci, Sita Sahu, Manju Vyas, and Rekha Pathak submitting that the suit before the Fast Track Court be transferred and consolidated with another suit pending before the District Judge, filed by 5 Hindu women worshippers seeking all-year-round rights to pray inside the Gyanvapi Mosque premises.

The transfer application argues that the core issues involved in both suits are similar and crucial as they concern the religious sentiments and feelings of the entire Hindu community and thus, they should be heard together.

"...it would be in the public interest if the suits of similar nature raising the identical issues of facts and law are tried together by the same court to prevent the multifariousness of proceedings and, contradictions in judgments/orders on crucial issues and to maintain the appellate/revisional equally for all. In case the suits are tried together, the public time, money and avoidable difficulties of legal nature may not arise," the application avers.

Hearing the transfer application yesterday, the District Judge in-charge ordered that the transfer application be registered as a miscellaneous case and the details of the case (sought to be transferred) be forwarded to the Court of District Judge, Varanasi from FTC/Civil Judge (Senior Division).

It may be noted that the suit, which is sought to be transferred, has been filed by Lord Vishweshwar Virajman (Swayambhu) through his next-friend Kiran Singh, who is the international general secretary of Vishwa Vedic Sanatan Sangh (VVSS).

The suit prays that the possession of the entire Gyanvapi complex be handed over to the Hindus and Lord Adi Vishweshwar Virajman and that the plaintiffs be allowed to offer their prayers to Swayambhu Jyotirlinga Bhagwan Vishweshwar and to worship the 'Shiva Linga' reportedly found inside the Mosque premises on May 16.

It is important to note that this is a different suit not connected with another suit pending before the Varanasi Court filed by 5 Hindu women worshippers seeking all-year-round rights to pray inside the Gyanvapi Mosque premises. Advocate Shivam Gaur is representing the petitioners.

The transfer application moved before the District Judge assumes significance as the Fast Track Court of Civil judge (senior division) Mahendra Kumar Pandey reserved the judgment on the maintainability of the suit on October 27 and it is likely to pronounce its order tomorrow.

Earlier an Interlocutory application was moved before the Supreme Court in this regard (seeking transfer of the case concerned) by one Sita Sahu, however, the same was withdrawn on November 11 after the Apex Court gave the applicant the liberty to move an appropriate transfer application before the District Judge, Varanasi.

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