Krishna Janmabhoomi Case: SC Disposes of Plea Regarding HC Order on Consolidation of 15 Suits
Krishna Janmabhoomi Case: SC Disposes of Plea Regarding HC Order on Consolidation of 15 Suits
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In a recent development, the Supreme Court has addressed a new plea challenging the decision of the Allahabad High Court to consolidate 15 suits concerning the Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The Supreme Court bench comprising of Justices Sanjiv Khanna and Dipankar Datta disposed of the plea filed by the Committee of Management Trust Shahi Masjid Idgah, which contested the January 11 order. The Supreme Court granted liberty to the committee to pursue its recall application before the high court.

The bench stated, "The petitioner has called for recall of impugned judgement of Allahabad High Court. We dispose of the present SLP with liberty to revive the recall petition before the high court."

The counsel representing the Committee informed the court that the application to recall the January 11 order is pending before the high court. She requested the court to direct the listing of the application on a specific date, but the bench declined to issue such an order.

The Allahabad High Court, on January 11, had decided to consolidate the 15 suits "in the interest of justice" following an application filed by the Hindu plaintiff. The plaintiff argued that multiple suits were filed regarding the 13.37-acre land after the original suit was filed before the civil judge in Mathura on September 25, 2020.

The high court's order stated, "These suits are of similar nature. The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other."

Previously, on January 29, the Supreme Court had ordered the continuation of the interim stay on the implementation of the Allahabad High Court order for a court-monitored survey of the Shahi Idgah Mosque complex adjacent to the Krishna Janmabhoomi temple in Mathura. Additionally, on January 16, it had stayed the operation of the December 14, 2023 order of the Allahabad High Court, which permitted a court-monitored survey of the Shahi Idgah Mosque complex.

However, the Supreme Court clarified that the proceedings before the high court in the dispute, including the issue of the suit's maintainability under Order 7 Rule 11 of the Civil Procedure Code (CPC), will proceed.

Furthermore, the Supreme Court is already reviewing another petition filed by the mosque committee challenging the May 26, 2023 order of the high court, which transferred all matters related to the dispute pending before a Mathura court to itself.

The Hindu side had requested the high court to conduct the original trial similar to what was done in the Babri Masjid-Ram Janmabhoomi title dispute.

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