A bench comprising Justices Sanjiv Khanna and Sanjay Kumar passed the order after being informed that the recall applications regarding the contested order had already been allowed by the High Court.
NEW DELHI: The Supreme Court on Friday(20th Sept) dismissed as “infructuous” a petition challenging an Allahabad High Court order in the Krishna Janmabhoomi-Shahi Eidgah Mosque case.
The High Court previously ordered ex-parte proceedings against the Mosque Committee in two suits filed by Hindu worshippers.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar passed the order after being informed that the recall applications regarding the contested order had already been allowed by the High Court.
Following the dismissal of the Mosque Committee’s applications under Order 7 Rule 11 of the CPC, seeking rejection of the Hindu side’s plaints on August 1, 2024, the High Court scheduled further proceedings for August 12.
On that day, the Mosque Committee reportedly informed the court that written statements had already been filed in original suit nos. 7/2023 and 16/2023 during 2023. However, the Court, on August 12, directed that the cases proceed ex-parte, citing the absence of any filed written statements.
Aggrieved by this aspect of the order, the Mosque Committee approached the Supreme Court.
Background
The dispute concerns the Shahi Eidgah mosque in Mathura, built during Mughal emperor Aurangzeb’s reign, allegedly after demolishing a temple at Lord Krishna’s birthplace.
In 1968, a ‘compromise agreement’ was reached between the Shri Krishna Janmasthan Seva Sansthan, the temple’s managing authority, and the Trust Shahi Masjid Eidgah, allowing both the mosque and the temple to coexist. However, the legitimacy of this agreement has been challenged by parties seeking various forms of legal relief regarding Krishna Janmabhoomi.
They argue that the agreement was fraudulently executed and legally invalid, with many demanding the mosque’s removal, claiming their right to worship at the contested site.
In May 2023, the Allahabad High Court transferred all pending suits from the Mathura Court related to the dispute to itself. This transfer order was contested in the Supreme Court by the mosque committee and later by the Uttar Pradesh Sunni Central Waqf Board.
In December 2023, the High Court approved a request for the appointment of a court commissioner to inspect the Shahi Eidgah Mosque, following an application under Order 26 Rule 9 of the CPC filed by the deity (Bhagwan Shri Krishna Virajman) and seven others. The Mosque Committee challenged this order, and in January 2024, the Supreme Court issued a stay on its implementation, which was later extended.
Recently, the Mosque Committee approached the Supreme Court regarding the Allahabad High Court’s judgment on August 1, which dismissed its plea under Order 7 Rule 11 of the CPC, challenging the maintainability of 15 suits filed by the deity (Lord Krishna) and Hindu worshippers.
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