The Supreme Court in the case Committee Of Management, Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors observed wherein the special Leave Petition has been filed challenging the decision of the Allahabad High Court for transferring all the pending suits which relates to the dispute of Krishna Janambhoomi-Shahi Idgah from the Mathura Court to itself.
In the present case, the plea is moved by the Committee Of Management, the Trust Shahi Masjid Idgah through Advocate-on-Record R.H.A. Sikander.
The petitioner in the plea stated that the High Court allowed the transfer Application despite the fact that the proceedings in Suit No. 353 of 2022 from which the Transfer Application emanated, which was being stayed by a Coordinate Bench of the High Court of Judicature at Allahabad.
The High Court in the case transferred other suits which are also to itself, even though no transfer application was being filed for the said suits.
It has been argued in the plea moved that the impugned judgment is rendered based solely on the claim of the respondents that it being the case that the suit is decided by the trial court itself.
However, the transfer decision was made even without considering that the said Suit was registered only on 26.05.2022. Therefore, the transfer application was allowed by the Allahabad High Court, the application was moved by Bhagwan Shrikrishna Virajman and 7 Others.
The bench comprising of Justice Arvind Kumar Mishra-I in the case observed while considering the fact that s 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and the issue raised can be said to be of seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since the institutions of them on merits for past two to three years, wherein it provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court as it has been stated under Section 24(1)(b) of the Civil Procedure Code, 1908.
It has also been argued before the court by the applicants that the issues involved in the suits which are pending before the Mathura Court concern crores of devotees of Lord Krishna and the matter is of national importance, hence, the same needs to be transferred to the High Court.
The court in the case observed and has allowed the plea wherein instructing the District Judge of Mathura to compile a list of all similar cases related to the subject matter and those which relates to to it indirectly, either explicitly or implicitly.
The counsel, AOR R.H.A. Sikander appeared for the petitioner.
