A suit seeking the removal of the Shahi Idgah mosque in Mathura, a contentious site adjoining the Krishna Janmabhoomi temple, hit a roadblock in the Allahabad High Court on Thursday.
The counsel for the mosque's managing committee argued that the case is barred by the law of limitation, significantly impacting the Hindu side's claim.
Taslima Aziz Ahmadi, representing the Muslim side, informed the court of a crucial 1968 compromise agreement between the parties, confirmed in a 1974 civil suit.
The high court was also informed that the suit has been filed for possession after the removal of the Shahi Idgah structure as well as for "restoration of the temple and for a permanent injunction".
The prayer in the suit shows the structure of the mosque is there and the committee of management is in possession of the same, Ahmadi said.
As the limitation period to challenge such agreements is three years, the 2020 suit significantly oversteps this timeframe, rendering it potentially inadmissible.
These claims, she argued, validate the existence of the mosque and the management committee's possession, bringing the matter under the purview of the Waqf Act and its designated tribunals, not civil courts.
"In this way, a question/dispute has been raised on Waqf property and thus provisions of Waqf Act will apply and in such it is the Waqf tribunal who has jurisdiction to hear the matter and not a civil court," she said.
The High Court, acknowledging these arguments, adjourned the hearing on the suit's maintainability to March 13th.
This development comes after the court consolidated all 15 cases related to the long-standing Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute in May 2023.
The high court was also informed that the suit has been filed for possession after the removal of the Shahi Idgah structure as well as for "restoration of the temple and for a permanent injunction".
The prayer in the suit shows the structure of the mosque is there and the committee of management is in possession of the same, Ahmadi said.
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