The Allahabad High Court, in a significant move that could sway the course of the pending suits concerning the Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, has granted a plea seeking the appointment of a court commissioner to inspect the Idgah Mosque.
The order was issued by Justice Mayank Kumar Jain's bench in response to an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and seven others, represented by advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey, and Devki Nandan, within an ongoing original suit in the HC.
In the application submitted within the ongoing original suit before the HC, it was asserted that the birthplace of Lord Sri Krishna rests beneath the Mosque, supported by numerous indications affirming the Mosque's origins as a Hindu temple. Hence, the plea emphasized the crucial necessity of appointing a commission to investigate these claims.
The application additionally highlighted the presence of a lotus-shaped pillar, a distinct hallmark of Hindu temples, along with an image of Sheshnaag, a Hindu deity integral to safeguarding Lord Krishna on the night of his birth, within the Mosque premises. Furthermore, it was noted in the application that Hindu religious symbols and engravings adorn the base of the Mosque's pillar, further reinforcing its ties to Hindu heritage.
This particular application was filed within the ongoing original suit that is currently before the HC, addressing the dispute surrounding Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque.
The said suit emanated from a May 2023 order of the Allahabad High Court transferring to itself all the suits pending before the Mathura Court praying for various reliefs on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
As part of its order, the Court sought clarification from the District Judge in Mathura regarding the existence of any other cases, beyond those currently under consideration, that revolve around similar subject matters pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute and are either filed or pending within the jurisdiction of Mathura Judgeship.
On November 16, the Court accepted the Application submitted under Order 7 Rule 11 (D) in conjunction with Section 151 CPC, presented by defendant no.1 & 2. This application sought the dismissal of the plaintiffs' filed plaint, contending that it lacks maintainability due to being barred by the law.
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