Shahi Idgah mosque and Shri Krishna Janmabhoomi Temple, in Mathura.
Credit: PTI File Photo
Prayagraj: The Allahabad High Court on Wednesday sought response from the Muslim side on a plea related to the Krishna Janmabhoomi-Shahi Idgah dispute at Mathura and fixed April 3 as the next date of hearing in the case.
The plea has been filed by the Hindu side under Order 1 Rule 8 of the Code of Civil Procedure which seeks to contest the suit in representative capacity on behalf of all plaintiffs in the case.
The matter is being heard by Justice Ram Manohar Narain Mishra.
On March 5, the court had allowed an amendment application filed on behalf of the Hindu side.
Through the amendment plea, it was pleaded that the property in question at present is a centrally protected monument and it is under the supervision of Archaeological Survey of India. Therefore it is necessary to place on record such facts by amending the plaint for proper adjudication of the case and thus amendment was also moved to implead them as defendants, the plea said.
The Muslim side had opposed the plea saying that one cannot be impleaded as respondent through amendment application.
However, Justice Mishra had said, "The amendment application in question may be treated to be filed under Order 6 Rule 17 and Order 1 Rule 10(2) CPC as a composite application. The prayer for amendment in pleadings and impleadment of new party distinctly have already been made in the application." "No new prayer has been made in the prayer clause. In my considered opinion, neither nature of suit in case of change nor a new cause of action is being introduced or any new relief is prayed for in proposed amendment," he said.
"On allowing amendment application, interest of defendant can be said to be affected in such manner that cannot be compensated by costs. The proposed amendment is necessary for effective adjudication of real controversy in the matter and also to avoid multiplicity of suit," the court added.
The Hindu side has filed 18 suits so far for possession of land after "removal" of structure of Shahi Idgah mosque as well as for restoration of temple and for permanent injunction.
On August 1, 2024, the high court had rejected a plea of Muslim side challenging maintainability of suits of Hindu worshippers.
In this order, the court had also held that these suits are not barred by the Limitation Act, the Waqf Act and the Places of Worship Act, 1991, which prohibits conversion of any religious structure as existed on August 15, 1947.
On October 23, 2024, the high court had rejected an application moved by the Shahi Idgah mosque committee to recall its January 11, 2024 order consolidating all suits filed in connection with the Krishna Janmabhoomi-Shahi Idgah dispute at Mathura.
The cases filed by the Hindu side seek the "removal" of the Aurangzeb-era mosque they claim was built after demolishing a temple that once stood there.