Mathura civil court to hear Shri Krishna Janmabhoomi case today

|HT|

The court of civil judge (senior division) in Mathura will on Thursday hear the Shri Krishna Janmabhoomi matter as the Shahi Eidgah mosque management committee presses for the disposal of the application challenging the maintainability of the case. Those appearing for deity Thakur Keshav Dev Maharaj (petitioner) are pushing for the appointment of court commissioner (ameen) for survey of Shahi Eidgah mosque, the removal of which has been sought by the petitioners.

“We have moved an application seeking disposal of application moved under Order 7 Rule 11 of Civil Procedure Code, challenging the maintainability of the case. This application is of utmost importance and has been part heard. However, instead of arguing on this application, petitioners are moving different applications with varied pleas just to delay the case,” said Tanveer Ahmed, the secretary and counsel for management committee of the Shahi Eidgah mosque. Rajendra Maheshwari, the petitioner number 4 and counsel for deity (Thakur Keshav Dev Maharaj) offered a different take. He said that the revision court already expressed observations to have the disposal of the application moved for the appointment of court commissioner (ameen) on priority. “Thus, it should be heard ahead of application under Order 7 Rule 11 of CPC,” he said.

Petitioners in almost a dozen cases filed in Mathura court on Shri Krishna Janmabhoomi issue claimed that the Shahi Eidgah mosque was constructed on a part of a 13.37-acre land which belongs to the Shri Krishna Janmabhoomi Trust. They have demanded that the mosque land be returned to the trust.

Petitioners appearing on behalf of Shri Krishna Janmabhoomi have challenged the settlement dated 12.10.1968 between Shri Krishna Janmasthan Seva Sangh and Shahi Masjid Eidgah, which was part of suit no. 43 of 1967. The petitioners claim it got no legal validity because the Shri Krishna Janmabhoomi Trust, having ownership and title, was not party to settlement.

The management committee of Shahi Eidgah mosque, besides other opposite parties, objected to these petitions, alleging that they have been filed after a prolonged delay as the compromise was done in 1968, while the judgement and decree in case number 43 of 1967 were passed in 1974. Hence, the petition, as such, was time barred, they claimed.

The petitioners have also claimed that the mosque was built on the same spot where a temple was razed by Mughal emperor Aurangzeb.

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