The Allahabad High Court in the case observed concerning the Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.
The High Cur tin the case observed and has allowed the plea moved seeking the appointment of a court commissioner to inspect the Idgah Mosque.
The bench headed by Justice Mayank Kumar Jain in the case observed and has passed the said order on an Order 26 Rule 9 CPC application filed by the deity, Bhagwan Shri Krishna Virajman and 7 others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey, and Devki Nandan in an original suit pending in the High Court.
The court noted that in the application, moved in the original suit pending before the High Court, it was claimed that the Lord Sri Krishna’s birthplace lies beneath the Mosque and that there are many signs which establish that the Mosque is a Hindu temple hence, the appointment of a commission was essential.
Further, it has been submitted in the application that there exist a lotus-shaped pillar which is a classic characteristic of Hindu temples and an image of Sheshnaag, one of the Hindu deities who protected Lord Krishna on the night of his birth, is also present there.
The application moved also added that at the base of the pillar of the Mosque, Hindu religious symbols and engravings are also visible.
In the present case, the application had been moved in the original suit which is presently pending in the High Court concerning Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.
The suit was filed from the May 2023 order of the Allahabad High Court transferring to itself all the suits pending before the Mathura Court wherein the court prayed for various reliefs on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
Therefore, the High Court on November 16 transferred to itself two new suits filed before the Court of District Judge, Mathura concerning the dispute in question.
Further, it has been directed by the court to the District Judge to ensure that intimation to the parties to the suit is given about the transfer of these two civil suits from Mathura to this Court and that such information be submitted separately at an early date.
The court in the case observed and has also inquired from the District Judge, Mathura as to whether any other matter, apart from these cases, of a similar nature involving the subject matter is filed/ pending in any Court in Mathura Judgeship.
The court on November 16 took on record the Application filed under Order 7 Rule 11 (D) read with Section 151 CPC on behalf of defendant no.1 & defendant no 2 to reject the plaint as filed by plaintiffs claiming that the same is not maintainable since it is barred by the law.
The Supreme Court in the case observed and has refused to suspend the ongoing proceedings before the Allahabad High Court in the original suit in question.
