Last updated: January 30, 2024 23:27 UTC

Allahabad Army Camp, India

The Allahabad High Court on Tuesday fixed February 22 for hearing on the maintainability of the plea in the suit seeking demolition of the Shahi Idgah mosque in Mathura, which was allegedly built on 13.37 acres of land of the Katra Keshav Deo temple.

Justice Mayank Kumar Jain, while passing the order, said objections to the plea challenging the maintainability of the suit have to be filed by February 22.

On January 17, the court gave the Hindu side time to submit a reply to the Muslim side’s application regarding the maintainability of the suit.

In May last year, the high court had transferred to itself all 15 cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. Notably, objections have been raised in some cases.

“A perusal of the record reveals that an application for dismissal of the complaint under Section 11 of Order VII of the Code of Civil Procedure is pending,” the court said on Tuesday after hearing counsel for both parties. “No objection has been raised by the plaintiff. The case may be filed before February 6, 2024. It is recommended that a copy of the objection may be provided to the counsel of the defendant before filing the objection with the Registry,” the court added.

“For proceedings in which rebuttal has not yet been filed, the defendants are required to file written submissions by February 13, 2024. It is clarified that no more time will be given for filing objections/rebuttals and affidavits/counter-replies,” the court said and ordered that the filing of objections/rebuttals and affidavits/counter-replies be made as per the Article 11 of Order No. 7 of the Criminal Procedure Code lists the matter as an application for hearing.

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On January 17, the Supreme Court submitted a copy of its order to the high court setting aside an order issued by the high court on December 14 last year regarding a survey of the mosque complex near the Sri Krishna Janmabhoomi temple.

On December 14, 2023, the High Court allowed a court-supervised inquiry into the Shahi Idgah complex and agreed to appoint an Advocate Commissioner to oversee the inquiry into the construction of the mosque, which the petitioners claimed contained signs indicating that it was a Hindu structure Temple once.

The mosque management committee has challenged the High Court order of inquiry in the Supreme Court.

The Supreme Court stayed the implementation of the High Court’s December 14 order.

However, the Supreme Court made it clear that proceedings before the High Court on the dispute, including the maintainability of proceedings under Order 7, Section 11 of the Code of Criminal Procedure, will continue.

(This story has not been edited by News18 staff and is published from associated news agency – PTI)

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