The Supreme Court has scheduled a hearing for a batch of petitions concerning the Krishna Janmabhoomi-Shahi Idgah dispute on December 9 at 2 PM.

The matter was heard, and the bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar rescheduled it due to a lack of time. The CJI noted that the case would require an extended hearing and suggested it would be more suitable to list it for December 9.

"This we will hear at length, we will take it up on December 9, at 2PM. We have to decide what is the legal position though prima facie I feel that probably intra-court appeal will be (inaudible) .... we will certainly give you an opportunity to argue."

The primary issue before the Court is whether an intra-court appeal can be filed against the rejection of a petition under Order 7 Rule 11 of the CPC before the Allahabad High Court. Order 7 Rule 11 allows the Court to reject a plaint if it appears from the statement in the plaint that the suit is barred by any law.

The present intra-court appeal pertains to the August 1 order of the Allahabad High Court, which dismissed the plea of the Shahi Idgah Masjid filed under Order 7 Rule 11 CPC. This plea challenged the maintainability of 18 suits filed by the deity and Hindu worshippers, seeking the removal of the Shahi Idgah. The mosque committee contended that the suits were barred by the Places of Worship Act.

As per the August 1 order, the Allahabad High Court held all 18 suits to be maintainable, allowing them to be heard on their merits.

In addition to the main issue, three other special leave petitions have been filed. Two of these petitions, filed by the Shahi Idgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board, challenge a May 2023 order of the Allahabad High Court. The order had transferred to the High Court a batch of suits that were previously pending in the Mathura court over the dispute.

Today, when Advocate Vishnu Shankar Jain for the respondents asked the Court if the issue of intra-court appeal relating to the order of appointment of commissioner be heard with the main issue, the Court stated, " Once we pass that order (on the main issue) then that (remaining aspects) can be disposed of"

During the last hearing, the bench extended until November the stay on the Allahabad High Court's order for the inspection of the Shahi Idgah Mosque by a Court Commissioner.