SC Extends Stay on HC's Order for Shahi Eidgah Mosque Inspection Until November

SC Extends Stay on HC's Order for Shahi Eidgah Mosque Inspection Until November

In a recent update on the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court has extended until November the suspension of the High Court's order for a Court Commissioner to inspect the Shahi Eidgah Mosque.

A bench comprising Justices Sanjiv Khanna and Sanjay Kumar reviewed three special leave petitions. Two of these petitions were submitted by the Shahi Eidgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board, contesting a May 2023 order by the Allahabad High Court. This order transferred a series of suits related to the dispute from the Mathura court to the High Court.

The third petition was filed by the Mosque Committee, challenging a December 2023 order from the Allahabad High Court that permitted the appointment of a court commissioner to inspect the Shahi Eidgah Mosque.

Advocate Vishnu Shankar Jain, representing the deity and Hindu worshippers, argued that the issue has become moot since the Allahabad High Court recently dismissed a plea filed by the Mosque Committee under Order 7 Rule 11 CPC. This plea challenged the maintainability of 18 suits initiated by the deity (Lord Krishna) and Hindu worshippers.

For context, the High Court rejected the argument that the suits were barred by the Places of Worship Act 1991, the Limitation Act 1963, and the Specific Relief Act 1963. The Court upheld the maintainability of all 18 suits, allowing them to proceed and be heard on their merits.

The Supreme Court, however, disagreed that the matters had become moot and adjourned the case until November.

The Court indicated that it would need to review the Allahabad High Court's decision regarding the Order 7 Rule 11 CPC application. In the meantime, the interim order staying the 2023 decision to appoint a Court Commissioner for inspecting the Shahi Eidgah Mosque remains in effect.

Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors.

Special Leave Petition (Civil) No. 14275 of 2023

 

 
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