The Supreme Court disposed of a fresh plea challenging the Allahabad High Court order consolidating 15 suits related to Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta gave the Committee of Management Trust Shahi Masjid Idgah, the liberty to pursue its recall application before the High Court.
The top court bench said that the petitioner has called for recall of impugned judgement of Allahabad High Court. It added that they dispose of the present Special Leave Petition (SLP) with liberty to revive the recall petition before the High Court.
Meanwhile, Advocate appearing for the Committee stated that the application for recall of the January 11 order is pending before the High Court and requested the court to direct listing of the application before the High Court on a specific date. However, the top court bench refused to pass any such order.
The Allahabad High Court on January 11, in the interest of justice directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated. In its application, the Hindu plaintiff contended before the High Court that after the original suit was filed before the civil judge (senior division), Mathura, on September 25, 2020, several other suits were filed with regard to the 13.37 acre land.
The High Court had remarked that the suits are of similar nature, hence, the proceedings can be taken up and may be decided simultaneously on the basis of common evidence.
Earlier on January 29, the Supreme Court had ordered continuance of the interim stay on the operation of the Allahabad High Court order for a court-monitored survey of the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
On January 16, the Supreme Court stayed the operation of the December 14, 2023 order of the Allahabad High Court allowing a court-monitored survey of the Shahi Idgah Mosque complex. It further stayed the order of the high court by which it agreed to the appointment of a court commissioner to oversee the survey of the mosque premises.
Nonetheless, the apex court clarified that the proceedings before the High Court in the dispute, including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code (CPC), will continue.