‘In interest of justice’, the Allahabad High Court has directed to consolidated 15 suits pertaining Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
The order was passed on January 11, 2024, by the Bench of Justice Mayank Jain on an application filed by the Hindu plaintiffs under Order IV-A read with Section 151 of Civil Procedure Code,1908.
In the application, it is argued that after the original suit was filed before Civil Judge (Senior Division), Mathura on September 25, 2020. Later, certain other suits of the similar nature concerning the land 13.37 acre of Katra, Keshav Dev and for removal of the disputed structure from the land in question have been filed. In total, till date 18 suits have been filed which are pending before this Court for trial.
The Hindu plaintiff has submitted that most of the suits contain a common prayers while some have filed the cases seeking possession of the Shahi Idgah premises and demolition of the same.
The counsel representing the Shahi Idgah mosque and Uttar Pradesh Sunni Central Waqf Board had no objection on consolidation of the suits.
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The court maintained that all the suits, ordered to be consolidated, are of similar nature and hence the proceedings in these cases can be taken up and may be decided simultaneously on the basis of common evidence.
“To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other,” the court observed.
Meanwhile, the counsel for the Hindu plaintiffs, advocate Vishnu Shankar Jain also submitted in the court that in its order of December 14, 2023, this court has ordered to appoint a panel of three advocates as Commission for inspection of the disputed property.
The composition and the modalities of the commission are yet to be determined by the Court as the same was deferred after the defendants approached the Supreme Court.
The plaintiffs have also moved an application in the court seeking that commission may be headed by a retired High Court Judge and two advocates. It is also prayed that certain advocates on behalf of plaintiffs may also be permitted to participate in the proceedings of the commission.
“Since the matter is of urgent nature, therefore, composition and modalities of the commission be laid down today,” the application has said.
The court posted the matter for January 17 after given the absence of advocates for the defendants.
