NEW DELHI: The Supreme Court on Tuesday declined to pass any interim order staying the operation of the Allahabad High Court order upholding the maintainability of civil suits filed by Hindu worshippers in Krishna Janmabhoomi-Shahi Eidgah Masjid dispute.
However, a bench, headed by Justice Sanjiv Khanna, issued notice and agreed to examine the special leave petition filed by the Management Committee of the Shahi Masjid Idgah against the dismissal of their application filed under Order VII Rule 11 of the CPC (Code of Civil Procedure).
The Bench, also comprising Justice Sanjay Kumar, said that the present plea will be taken up for hearing in the week commencing November 4, along with a pending clutch of petitions pertaining to the Krishna Janmabhoomi-Shahi Eidgah Masjid dispute.
Further, it asked the petitioner, the mosque management committee, to examine the preliminary objection on maintainability since the impugned judgment being passed by the single-judge bench would be appealable before a division bench of the high court.
The apex court clarified that the filing of the special leave petition before the apex court will not preclude the Allahabad High Court from hearing the suits filed by Hindu worshippers.
In an order passed on August 1, the Allahabad HC had rejected the mosque committee’s contention that the suits filed were barred under various statutes such as the Places of Worship Act, 1991, the Limitation Act, the Specific Relief Act, the Waqf Act, and the CPC.
A bench of Justice Mayank Kumar Jain had held that the suits involved mixed questions of facts and law regarding the religious character of the disputed property and would require further consideration after examining and appreciating the evidence filed and led by the parties.
Several suits were filed seeking a declaration that the disputed land vests in the deity Lord Krishna and the construction raised by the defendants be removed and vacant possession be handed over to the Shri Krishna Janmabhoomi Trust. The top court is also seized of a plea filed by the mosque committee challenging the transfer of suits by the High Court to itself.