The Allahabad High Court has directed Mathura Court in the case Bhagwan Shrikrishna Virajman And 3 Others v. U.P. Sunni Central Waqf Board And 3 Others, to expeditiously decide on an application filed before it for conducting a scientific investigation of Shahi Eidgah and Jahanara’s Masque in connection with a 2021 suit.
The bench comprising of Justice Vipin Chandra Dixit observed and ordered while hearing a plea moved under Article 227 by Bhagwan Shrikrishna Virajman And 3 Others seeking a direction to the Civil Judge (Senior Division), Mathura for deciding the application filed before the Mathura Court.
An application is moved before the Mathura Court by the Bhagwan Shrikrishna Virajman through one Manish Yadav in April this year, However, before the court, the same remain pending and the instant plea was moved before the High Court, seeking the aforesaid direction.
Before the Matura Court, an application has been filled under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure, 1908 for conducting Scientific Investigation of Shahi Eidgah and Jahanara’s Masque in Civil Suit No. 151 of 2021 in the case (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).
The counsel appearing for the petitioner submitted 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 No. 43 of 1967 as well as for the removal of encroachment over the disputed property.
On 14.4.2021, the petitioner moved an application for experts’ opinion. Further, it was submitted before the court that although respondents have been served and, in an application, dated 14.4.2021, no objection have been filled by them.
It was submitted by the counsel appearing for the respondent no.1 i.e., the U.P. Sunni Central Waqf Board that an application had also been filled under Order 7 Rule 11 C.P.C. on 16 July 2022 which is also pending for consideration and he has no objection if both the applications are expedited and decided simultaneously.
The Allahabad High Court directed Civil Judge (Senior Division), Mathura/Court to decide the application of the plaintiffs-petitioners and the application filed by respondent no.1 expeditiously and if possible, within three months after giving an opportunity of hearing to the parties concerned.
In the view of the above, the court finally disposed of the instant petition under Article 227 of the Constitution of India.
