A local court in Varanasi on Tuesday consolidated eight Gyanvapi-related suits pending before various courts, which will now be heard together by the district judge.
The order was passed by District Judge Ajaya Krishna Vishvesha, noting that in the interest of justice, it would be expedient if all the suits mentioned above were consolidated and tried together. He further said that all the suits and proceedings should be decided upon the evidence in any of such suits or proceedings
The District Judge at Varanasi made Civil Suit No 693/ 2021 (New Number O.S. No.-18/2022) Rakhi Singh and others vs State of UP and others as the leading case in the matter and directed that evidence should be recorded in the leading case.
Judge Vishvesha passed the order in view of Section 4A CPC [as inserted by Uttar Pradesh Act 57 of 1976], which stated that when two or more suits or proceedings were pending in the same court and the court was of the opinion that it was expedient in the interest of justice, it may direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings.
The Varanasi District Judge further took into account the November 11, 2022 order of the Supreme Court, which had observed that if an application was made before the District Judge, Varanasi in respect of similar suits, it would be open to the District Judge to determine as to whether consolidation of those suits was warranted.
Plaintiffs 2 to 5 (Laxmi Devi, Sita Sahu, Manju Vyas, and Rekha Pathak) in suit no 18/2022 had moved the court seeking transfer of cases concerning the Gyanvapi dispute to the court of the District Judge .
The petitioners had contended that since all these suits were of similar nature, hence they should be tried together in order to save the public time and money, as well as to avoid difficulties of legal nature.
Suit no. 18/2022 was moved by five Hindu women worshippers last year, seeking year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi.
Out of the seven cases, six were pending in the court of civil judge (senior division) and one was pending before the fast-track court of the civil judge (senior division).
The case pending before the Fast Track Court had been filed by Lord Vishweshwar Virajman (Swayambhu) through his next-friend Kiran Singh, seeking handing over the possession of the Gyanvapi Mosque premises to ‘Lord Adi Vishweshwar Virajman’.
Kiran Singh, who is the first petitioner in suit no. 18/2022, is also the International General Secretary of Vishwa Vedic Sanatan Sangh (VVSS). SAfter filing the suit, she parted ways with other four women plaintiffs in May 2022, following differences.
The other four women plaintiffs were backed by Advocate Hari Shankar Jain. Singh moved a fresh suit, which is presently pending before the Fast Track Court. The said suit was held to be maintainable by the FTC in November last year.