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BREAKING: Varanasi District Judge Consolidates All Pending Suits Concerning Gyanvapi Dispute, To Hear Them Together
Sparsh Upadhyay
23 May 2023 7:22 AM GMT
A Varanasi Court today allowed an application moved before it seeking to consolidate eight Gyanvapi-related suits pending before various courts. Now, all these matters will be heard together by the district judge's court.District Judge Ajaya Krishna Vishvesha passed this order today observing that all the matters should be tried together and consolidated together."I am of the opinion that it...
A Varanasi Court today allowed an application moved before it seeking to consolidate eight Gyanvapi-related suits pending before various courts. Now, all these matters will be heard together by the district judge's court.
District Judge Ajaya Krishna Vishvesha passed this order today observing that all the matters should be tried together and consolidated together.
"I am of the opinion that it will be expedient in the interest of justice that all the suits mentioned above...should be tried together and may be consolidated and all these suits and proceedings shall be decided upon the evidence in any of such suits or proceedings and Civil Suit No.693/2021 (New Number O.S. No.-18/2022) Smt. Rakhi Singh and others Versus State of U.P. and others shall be the leading case and evidence shall be recorded in the leading case," the court of district judge said.
The order was passed in view of Section 4A CPC [as inserted by Uttar Pradesh Act 57 of 1976] which states that when two or more suits or proceedings are pending in the same court, and the court is of the 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.
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
