The Allahabad High Court has ordered regular hearing in the Kashi Vishwanath Temple and Gyanvapi Masjid dispute case from March 29, 2022.
A single-judge bench of Justice Prakash Padia passed this order while hearing a petition filed by the Anjuman Intazamia Masjid, Varanasi.
Vijay Shankar Rastogi, counsel for the respondents, argued that the petitioner has initially filed application under Order VII Rule 11(d) CPC for rejecting the plaint but the petitioner did not press the same for a considerable time and instead of pressing the aforesaid application, he chose to file written statement in the plaint.
He further argued that on the basis of pleadings in the suit, the issues were framed and the trial court passed the order declaring issues No1 & 2 as preliminary issues.
It is also argued that it is clear from the averments of the plaint that the property in question, i.e the temple of Lord Vishweshwar has been in existence from ancient time, i.e, Satyug up till now and the Swayambhu Lord Vishweshwar is situated in the disputed structure, therefore, the aforesaid land in dispute is itself an integral part of Lord Vishweshwar.
It is further argued that the temple irrespective of its shape and size, the ground floor cellar is still in possession of the plaintiff which is the structure of an old temple built prior to the 15th Century.
It is argued that the religious character of the place of worship remained the same as on the day of 15.08.1947, therefore, the provisions of Place of Worship Act, 1991 cannot be applied.
“Due to paucity of time, arguments could not be concluded. It is further made clear that the arguments shall continue thereafter on a regular basis till its conclusion,” the order reads.
The court has fixed the next hearing of the petition on March 29, 2022.