New Delhi: The Supreme Court on Monday extended the stay on the implementation of the Allahabad High Court order allowing court-monitored survey of the Shah Idgah Mosque complex adjacent to the Krishna Janmabhoomi temple in Mathura.
Meanwhile, a bench of Justices Sanjiv Khanna and Dipankar Dutta fixed the hearing of a batch of petitions filed by the mosque management committee in the week beginning August 5, pending the May 26 order of the High Court transferring all the cases to it. A petition challenging the 2023 order is also included. This dispute is pending in Mathura court.
"All interim orders shall continue to remain in force. Re-list the matters in the week commencing August 5," the bench ordered.Meanwhile, all the arguments will be completed." He also said that there will be no stay on the proceedings of the case before the High Court.
A suit was filed in the court of Civil Judge Senior Division (III) to transfer the Shahi Idgah Mosque in Mathura, claiming that it was constructed on the equivalent of 13.37 acres of land belonging to the Shri Krishna Janmabhoomi Trust.
The Hindu side had requested the High Court to conduct the original hearing in the same manner as it had done in the Babri Masjid-Ram Janmabhoomi ownership dispute.
At the outset, senior advocate Shyam Divan, appearing for the Hindu organisations, said the petitions challenging the maintainability of the trials under Order 7 Rule 11 of the Code of Civil Procedure (CPC) are coming up for hearing before the High Court on Tuesday.He requested that the matter be listed for hearing after some time. Advocate Tasneem Ahmadi, appearing for the Committee of Management Trust Shahi Masji Eidgah, said the main case that is listed for hearing challenges the high court order dated May 26, 2023, in which the cases were transferred to it. Is.
The bench said it would hear all the cases together in August.
On January 16, the top court had stayed the implementation of the high court's December 14, 2020 order allowing court-monitored survey of the Shahi Idga Mosque complex, by which it would appoint a court to monitor the survey. The court had agreed to the appointment of the commission. The Hindu side claims that there are signs in the mosque premises which show that there used to be a temple at that place.The mosque committee, in its petition, has said that the High Court should have considered the plaintiff's plea for rejection before deciding on another miscellaneous application in the suit.
The committee had sought dismissal of the petition before the High Court on the grounds that the suit was barred by the Places of Worship (Special Provisions Act, 1991), which prohibits changing the character of religious places existing on August 15. 1947. The disputed site in Ayodhya was exempted from this Act.
While accepting the plea of court-monitored survey, the High Court had said that no damage should be caused to the Mathura structure during the exercise, adding that it could be monitored by a three-member commission of advocates.
Meanwhile, a bench of Justices Sanjiv Khanna and Dipankar Dutta fixed the hearing of a batch of petitions filed by the mosque management committee in the week beginning August 5, pending the May 26 order of the High Court transferring all the cases to it. A petition challenging the 2023 order is also included. This dispute is pending in Mathura court.
"All interim orders shall continue to remain in force. Re-list the matters in the week commencing August 5," the bench ordered.Meanwhile, all the arguments will be completed." He also said that there will be no stay on the proceedings of the case before the High Court.
A suit was filed in the court of Civil Judge Senior Division (III) to transfer the Shahi Idgah Mosque in Mathura, claiming that it was constructed on the equivalent of 13.37 acres of land belonging to the Shri Krishna Janmabhoomi Trust.
The Hindu side had requested the High Court to conduct the original hearing in the same manner as it had done in the Babri Masjid-Ram Janmabhoomi ownership dispute.
At the outset, senior advocate Shyam Divan, appearing for the Hindu organisations, said the petitions challenging the maintainability of the trials under Order 7 Rule 11 of the Code of Civil Procedure (CPC) are coming up for hearing before the High Court on Tuesday.He requested that the matter be listed for hearing after some time. Advocate Tasneem Ahmadi, appearing for the Committee of Management Trust Shahi Masji Eidgah, said the main case that is listed for hearing challenges the high court order dated May 26, 2023, in which the cases were transferred to it. Is.
The bench said it would hear all the cases together in August.
On January 16, the top court had stayed the implementation of the high court's December 14, 2020 order allowing court-monitored survey of the Shahi Idga Mosque complex, by which it would appoint a court to monitor the survey. The court had agreed to the appointment of the commission. The Hindu side claims that there are signs in the mosque premises which show that there used to be a temple at that place.The mosque committee, in its petition, has said that the High Court should have considered the plaintiff's plea for rejection before deciding on another miscellaneous application in the suit.
The committee had sought dismissal of the petition before the High Court on the grounds that the suit was barred by the Places of Worship (Special Provisions Act, 1991), which prohibits changing the character of religious places existing on August 15. 1947. The disputed site in Ayodhya was exempted from this Act.
While accepting the plea of court-monitored survey, the High Court had said that no damage should be caused to the Mathura structure during the exercise, adding that it could be monitored by a three-member commission of advocates.
