The Allahabad High Court has directed the Civil Judge Senior Division Mathura to decide the applications pending on the Krishna Janmabhoomi Temple, Shahi Eidgah and Jahanara’s Mosque dispute within three months.
A Single Bench of Justice Vipin Chandra Dixit passed this order while hearing a petition filed by Bhagwan Shrikrishna Virajman and 3 others.
The petition under Article 227 of the Constitution has been filed by the petitioners seeking a direction to the Civil Judge (Senior Division), Mathura to decide the application dated 14.4.2021 under Section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting Scientific Investigation of Shahi Eidgah and Jahanara’s Mosque in Civil Suit (Bhagwan Shrikrishna Virajman and others vs UP Sunni Central Waqf Board and others) within a stipulated time period.
It is submitted by the counsel for the petitioners that the suit was filed by plaintiffs-petitioners for cancellation of judgment and decree dated 20.7.1973 and 7.11.1974 passed by Civil Judge, Mathura in Civil Suit as well as for removal of encroachment. The petitioners had also moved an application on 14.4.2021 for expert’s opinion.
It is further submitted that although respondents have been served, they have not filed any objection to the application dated 14.4.2021.
Punit Kumar Gupta, counsel appearing for respondent no1(UP Sunni Central Waqf Board) has submitted that respondent no 1 had also filed an application under Order 7 Rule 11 CPC on 16.7.2022 which is also pending for consideration and he has no objection if both the applications are expedited and decided simultaneously.
Without going into the merit of the case, it is appropriate that the above applications be decided expeditiously, the Court said.
In view of above, the Court directed the Civil Judge (Senior Division), Mathura/Court concerned to decide the application dated 14.4.2021of the plaintiffs-petitioners and the application filed by respondent no1 under Order 7 Rule 11 CPC dated 16.7.2022 in Civil Suit (Bhagwan Shrikrishna Virajman and others vs UP Sunni Central Waqf Board and others) expeditiously, if possible within three months from the date of production of certified copy of the order after affording opportunity of hearing to the parties concerned and without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the Court disposed of the petition under Article 227 of the Constitution.