Krishna Janambhumi Dispute/Mathura Court
Krishna Janambhumi Dispute:
Mathura Court Directs Plaintiffs To Provide Plaint Copy To Shahi Idgah Committee
A local Court in Mathura has directed the plaintiffs in the Sri Krishna
Janambhumi-Shahi Idgah Mosque dispute case to provide a copy of their plaint to
the side of the defendants including the U.P. Sunni Central Waqf Board and
Committee of Management, Trust Alleged Shahi Masjid Idgah.
The case was heard for the first time in the local court after the Suit (filed
on behalf of the deity Bhagwan Shrikrishna Virajman) was restored by the Mathura
district court saying it was maintainable and petitioners had the right to file
it. The matter has been transferred to the Court of Civil Judges (Senior Div.)
Mathura Jyoti. A suit had been filed in September 2020 on behalf of the deity
Bhagwan Shrikrishna Virajman seeking the removal of the Shahi Eidgah (mosque),
adjacent to the Shri Krishna temple complex in Mathura, and the transfer of
13.37-acre land to the deity.
The Petitioners/Revisionists Bhagwan Shrikrishna Virajman, Asthana Shrikrishna
Janam Bhoomi through next Friend Ranjana Agnihotri had sought cancellation of a
compromise decree of 1974 by saying that the agreement between Shri Krishna
Janmasthan Seva Sansthan and Shahi Idgah Trust in the year 1973, on the basis of
which an earlier suit filed in 1964 was compromised, was fraudulent.
In the agreement concerned, the Sansthan had conceded the property of
Deity/Trust in favor of Trust Masjid Idgah. In the 2020 suit, the plaintiffs
challenged that agreement and compromise decree of 1974.
However, a civil court in Mathura (U.P) on September 30, 2020, had refused to
admit the suit and rejected the plaint under Order VII Rule 11 of CPC on the
ground that the Plaintiffs, being the devotees/worshippers of Lord Krishna, have
no right to file the suit.
When that order was challenged in revision by the petitioners, the District &
Sessions Judge Mathura, Rajeev Bharti, on May 19, 202 allowed their plea and
directed the Trial court to hear both the parties and to pass appropriate order.
The Court has also held that the suit to remove the Shahi Idgah Masjid,
allegedly built on the land of Shrikrishna Janam Bhoomi was maintainable. With
this, the Court overturned a civil court order dismissing the suit in September
2020.
It may be noted that the Mathura's Shahi Idgah Masjid is located next to the
Krishna Janmabhoomi, which is believed to be the birthplace of the Hindu deity
Krishna. Significant, a suit had been filed seeking the removal of the Shahi
Eidgah (mosque), adjacent to the Shri Krishna temple complex in Mathura, and the
transfer of 13.37-acre land to the deity.
Written By: Anjali Rathore - Manipal University Jaipur
Law Article in India
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