The Lucknow Bench of the Allahabad High Court sought a reply from the Hindu side on a petition challenging a civil court order seeking possession of the Shesh Nagesh Tileshwar Mahadev Temple built on the Laxman Tila on the banks of the Gomti river.
A single-judge bench of Justice Manish Mathur passed this order while hearing a petition filed by Maulana Syed Shah Fazlul Mannan.
The petition challenges the order dated September 25, 2017 passed by the Civil Judge Senior Division Lucknow. The civil judge dismissed the Muslim side’s plea for dismissal of the suit for lack of maintainability. Against this order, the Muslim side filed a revision petition before the Additional District Judge, who dismissed the petition.
The petitioner has contended that the civil suit is not maintainable due to the operation of the Places of Worship Act.
Opposing the plea, the Hindu side said that the Act does not apply in the present case and hence the suit is not time-barred.
This civil suit was filed in 2013 in the court of Civil Judge Senior Division Lucknow. It has been alleged in the suit that people of a particular community are causing damage to the said temple. This suit has been filed in the name of the deity of Shesh Nagesh Tileshwar Mahadev Virajman.
The plaintiffs – the Hindu side – have sought possession of the site of the temple and also sought permission to offer prayers at the said temple.
The Court has fixed the next hearing of the petition on April 28, 2023.