LUCKNOW: In a significant development, the Allahabad High Court on Thursday rejected the applications from the Muslim side challenging the maintainability of suits filed by Hindu worshippers in connection with the dispute. The court upheld the maintainability of all 18 suits filed by Hindu petitioners, and all will be heard together.
The High Court determined that the suits were not barred by the Limitation Act, the Waqf Act, or the Places of Worship Act, 1991, which prohibits the conversion of any religious structure as it existed on August 15, 1947.
With Thursday’s order, Justice Mayank Kumar Jain of the Allahabad High Court has paved the way for the 18 consolidated suits to be heard together on their merits. Justice Jain has set August 12, 2024, as the next date for hearing, when the issues in the case will be framed.
Notably, Justice Jain had reserved his order on June 6, 2024, after hearing pleas from the Shahi Eidgah mosque management committee and the UP Sunni Central Waqf Board. The Muslim side had filed applications under Order 7 Rule 11 of the Civil Procedure Code (CPC) concerning the maintainability of the Hindu petitioners’ suits.
The dispute dates back to the era of Mughal Emperor Aurangzeb, when the Shahi Eidgah mosque was allegedly constructed in Mathura, purportedly after demolishing a temple at Lord Krishna’s birthplace. The Hindu suits seek the “removal” of the Shahi Eidgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura and request possession of the Shahi Eidgah premises.
The Muslim side raised preliminary objections to the maintainability of the Hindu suits, arguing that they were barred by limitation. According to UP Sunni Central Waqf Board lawyer Afzal Ahmad, both parties h ad reached a compromise on October 12, 1968, confirmed in a 1974 civil suit. The Muslim side contended that the mosque in question was built in 1669-70 and that the limitation period to challenge a compromise was three years; however, suits were filed in 2020, thus exceeding limitation period.