Prayagraj: The Hindu side on Friday submitted before the Allahabad High Court that the provisions which relate to procedures relating to suit by or against a minor will be applicable in the Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura as the deity is a perpetual minor.
It was also submitted that the present suits have been filed by the deity, Bhagwa Keshav Dev, through his next friend and there is no illegality in filing the suits. The maintainability of the cases is to be decided after framing the issues and taking evidence from the concerned. parties, it added.
The Hindu side insisted that the deity is a perpetual minor and, therefore, the provisions of Order XXXll of the Code of Civil Procedure, which deals with procedure in relation to a suit by or against a minor, would apply.The court adjourned the hearing till Monday.
The case is being heard by Justice Mayank Kumar Jain on applications under Order 7 Rule 11 CPC filed by the Muslim side regarding maintainability of the trial.
Earlier, the Hindu side had said that the Places of Worship (Special Provisions) Act, 1991 would be applicable only in the case of undisputed structure and not in the case of disputed structure, as is the case in the present case.
In the present case, the character of the structure is still to be decided in the suit and it has to be decided only from the evidence, the Hindu side said.
The Indian side's lawyer said, "No illegal construction on the temple can stop the prosecution. It should be decided on the basis of merits in the case itself.",
The Muslim side submitted before the court that the suit was time barred because the parties had entered into a settlement on October 12, 1968. By agreement, the land in dispute was given to the Shahi Idgah Arrangement Committee. The said agreement has been confirmed in that it states that a civil suit was decided in 1974.
The Muslim side further said that the case has been filed for restoration of the temple and permanent injunction after the removal of the Shahi Idgah Mosque structure. The prayer in the suit shows that the structure of the mosque is there and the management committee is in possession of it.The Muslim side said, “Thus, a question/dispute has been raised over the Waqf property and thus the provisions of the Waqf Act will be applicable… It is the Waqf Tribunal which has the jurisdiction to hear the matter and not the civil court. "
It was also submitted that the present suits have been filed by the deity, Bhagwa Keshav Dev, through his next friend and there is no illegality in filing the suits. The maintainability of the cases is to be decided after framing the issues and taking evidence from the concerned. parties, it added.
The Hindu side insisted that the deity is a perpetual minor and, therefore, the provisions of Order XXXll of the Code of Civil Procedure, which deals with procedure in relation to a suit by or against a minor, would apply.The court adjourned the hearing till Monday.
The case is being heard by Justice Mayank Kumar Jain on applications under Order 7 Rule 11 CPC filed by the Muslim side regarding maintainability of the trial.
Earlier, the Hindu side had said that the Places of Worship (Special Provisions) Act, 1991 would be applicable only in the case of undisputed structure and not in the case of disputed structure, as is the case in the present case.
In the present case, the character of the structure is still to be decided in the suit and it has to be decided only from the evidence, the Hindu side said.
The Indian side's lawyer said, "No illegal construction on the temple can stop the prosecution. It should be decided on the basis of merits in the case itself.",
The Muslim side submitted before the court that the suit was time barred because the parties had entered into a settlement on October 12, 1968. By agreement, the land in dispute was given to the Shahi Idgah Arrangement Committee. The said agreement has been confirmed in that it states that a civil suit was decided in 1974.
The Muslim side further said that the case has been filed for restoration of the temple and permanent injunction after the removal of the Shahi Idgah Mosque structure. The prayer in the suit shows that the structure of the mosque is there and the management committee is in possession of it.The Muslim side said, “Thus, a question/dispute has been raised over the Waqf property and thus the provisions of the Waqf Act will be applicable… It is the Waqf Tribunal which has the jurisdiction to hear the matter and not the civil court. "
