The Shahi Masjid Idgah Committee has escalated the Krishna Janmabhoomi dispute to the Supreme Court, challenging an Allahabad High Court ruling that dismissed their objections to the maintainability of several lawsuits filed by Hindu devotees.
The committee's plea contests the High Court's judgement, which was passed on August 1, arguing that the court wrongly combined pleadings from 15 different suits into a single composite suit and dismissed their applications under Order VII Rule 11 of the Code of Civil Procedure (CPC).
The Committee of Management Trust Shahi Masjid Idgah, represented by advocates Mehmood Pracha and RHA Sikander, is seeking interim relief, requesting a stay on the High Court’s order.
They argue that the High Court’s judgement was fundamentally flawed, as it did not consider the specific pleadings of each individual case, instead selectively combining them in a manner that led to the dismissal of all the applications filed under Order VII Rule 11 of the CPC.
The ongoing legal battle revolves around the Shahi Masjid Idgah, which Hindu devotees claim is built on the birthplace of Lord Krishna, also known as Krishna Janmabhoomi. Over 15 lawsuits have been filed by various plaintiffs asserting competing claims over the site.
The mosque committee had earlier filed applications under Order VII Rule 11 of the CPC, seeking the rejection of these suits, arguing that they were barred by several laws, including the Limitation Act, Places of Worship Act, Specific Relief Act, Waqf Act, and Order XXIII Rule 3A of the CPC.
However, the Allahabad High Court, on August 1, dismissed these applications, leading the mosque committee to approach the Supreme Court. The committee is contesting that the High Court's decision was reached by selectively reading and combining pleadings from different suits, rather than considering each suit on its own merits.
This legal battle is part of the larger Krishna Janmabhoomi-Shahi Idgah Masjid dispute, which has seen multiple legal challenges over the years. Previously, the Committee of Management Trust Shahi Masjid Idgah had also approached the Supreme Court against another Allahabad High Court order that transferred all petitions related to the Mathura land dispute from the District Court of Mathura to the High Court itself.
The dispute centres around a 13.37-acre piece of land in Mathura, Uttar Pradesh, where Hindu devotees claim that the Shahi Idgah mosque was built in 1669-70 on the orders of Mughal Emperor Aurangzeb, within the premises of the Katra Keshav Dev temple, near the birthplace of Lord Krishna.
Ranjana Agnihotri, a resident of Lucknow, had earlier filed a suit in the Mathura court, claiming ownership of this land and seeking the removal of the mosque, arguing that it was constructed on Krishna Janmabhoomi land. This complex and sensitive case continues to unfold as both sides await further legal proceedings.
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