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Varanasi District Judge Set To Decide If 7 Pending Suits Concerning Gyanvapi Dispute Should Be Consolidated & Heard Together
Sparsh Upadhyay
17 April 2023 11:24 AM GMT
The Varanasi District Judge is set to decide as to whether seven Gyanvapi-related suits pending before various courts in Varanasi be consolidated and heard together by the court of the District Judge.District Judge Ajaya Krishna Vishvesha passed this order while dealing with 7 transfer applications filed before him seeking consolidation of pending suits raising similar issues to the Court...
The Varanasi District Judge is set to decide as to whether seven Gyanvapi-related suits pending before various courts in Varanasi be consolidated and heard together by the court of the District Judge.
District Judge Ajaya Krishna Vishvesha passed this order while dealing with 7 transfer applications filed before him seeking consolidation of pending suits raising similar issues to the Court of District Judge.
Referring to Section 4A CPC [as inserted by Uttar Pradesh Act 57 of 1976], the District Judge Ajaya Krishna Vishvesha observed that the Court can take a decision regarding consolidation of the suits only after all such suits are transferred to the District Judge's court and only then, this point will be determined as to whether it would be appropriate to consolidate all the above suits.
For context, Section 4A CPC [as inserted by Uttar Pradesh Act 57 of 1976] states that when two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may, by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings.
With this, the Court transferred to itself the seven Gyanvapi-related suits pending before various courts in the Varanasi judgeship.
Importantly, the District Judge also took into account the order of the Supreme Court's November 11, 2022 order wherein it had observed that if an application is made before the District Judge, Varanasi in respect of similar suits, it would be open to the District Judge to determine as to whether consolidation of those suits is warranted.
One of the pleas to transfer cases concerning the Gyanvapi Dispute to the Court of District Judge was moved by plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas, and Rekha Pathak) in suit no. 18/2022. It was their case that since all these suits are of similar nature, hence they should be tried together in order to save the public time, and money and to avoid difficulties of legal nature.
It may be noted that suit no. 18/2022 was moved by 5 Hindu woman worshippers last year seeking year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi.
Out of the seven cases, six are pending in the court of civil judge (senior division) and one is pending before the fast-track court of the civil judge (senior division).
It is important to note that the case pending before the Fast Track Court had 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) and it seeks handing over of the possession of the Gyanvapi Mosque premises to 'Lord Adi Vishweshwar Virajman.
Kiran Singh is the first petitioner in suit no. 18/2022, however, after filing the said suit, she parted ways with other four women plaintiffs (backed by Advocate Hari Shnakar Jain) in May 2022 following differences. Thereafter, she moved a fresh suit, which is presently pending before the Fast Track Court.
Significantly, the said suit was held to be maintainable by the FTC in November last year. More details of the case here: Religious Nature Of Gyanvapi Mosque Premises 'Doubtful', Places Of Worship Act No Bar To Hindu Party's Suit: Varanasi Court
In related news, the Supreme Court on Monday directed that a meeting be convened tomorrow by the District Collector Varanasi to consider the request of the Gyanvapi masjid committee to make arrangements for wuzu (religious ablution) and washroom in view of the Ramzan month.
Complete details here: Gyanvapi Mosque Case : Supreme Court Asks Varanasi District Collector To Convene Meeting Tomorrow To Discuss Arrangements For Wuzu
