Gyanvapi - Kashi Vishwanath: Hindu parties seeking rights of worship inside Gyanvapi Mosque,  Allahabad HC upheld maintainability

Gyanvapi - Kashi Vishwanath: Hindu parties seeking rights of worship inside Gyanvapi Mosque, Allahabad HC upheld maintainability

"Allahabad High Court has upheld the maintainability of a suit filed by Hindu parties seeking rights of worship inside the Gyanvapi Mosque in Varanasi, Uttar Pradesh, India. This decision confirms the earlier order of a Varanasi court, which had deemed the suit filed by Hindu parties as maintainable."

In September 2022, the District Judge of Varanasi had dismissed the plea filed by the Muslim party contesting the maintainability of the suit. The Muslim parties had argued that the Places of Worship Act of 1991 protects the status of religious structures as they stood on August 15, 1947, and bars courts from entertaining cases regarding such places of worship.

However, the trial court agreed with the plaintiffs' argument that they had not sought a conversion of the place of worship from a mosque to a temple.

The civil court had ordered a survey of the mosque by an advocate commissioner, who conducted a video-graphed survey and submitted a report to the court. Following this, the Muslim parties filed an application challenging the maintainability of the suit under Order VII Rule 11 of the Code of Civil Procedure (CPC).

The Allahabad High Court, in its verdict, rejected the revision petition filed by the Committee of Management of Anjuman Intezamia Masjid against the district judge's order. The High Court's decision confirms the maintainability of the suit filed by the Hindu parties and paves the way for further legal proceedings in the case.

 

 Case Title: Committee of Management of Anjuman Intezamia Masjid Varanasi v. Smt Rakhi Sing

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