New Delhi: The Supreme Court on Friday extended till November the stay previously granted by the on the operation of the Allahabad High Court order appointing a commission to inspect the Shahi Idgah Mosque at Mathura in the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
Apex court extended stay while hearing pleas filed by Muslim side against High Court orders
A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar extended the stay while hearing a batch of pleas filed by the Shahi Idgah Mosque Management Committee and the Uttar Pradesh Sunni Central Waqf Board.
The Muslim side moved the apex court against orders of the High Court appointing a commission to inspect the mosque and the May 26, 2023 order of the High Court transferring to itself all matters related to the pleas pertaining to the Krishna Janmabhoomi-Shahi Idgah dispute pending before a Mathura court.
Matter has become infructous as High Court dismissed Muslim side plea challenging maintainability, Hindu side told apex court
Advocate Vishnu Shankar Jain, who appeared on behalf of the Hindu side, told the bench that the matter has become infructous as the High Court recently dismissed a plea filed by the Muslim side under Order VII Rule 11 of the Civil Procedure Code (CPC) challenging the maintainability of the 18 suits filed by the Hindu side.
High Court on Order VII Rule 11 of CPC application has to be seen: Apex Court
The apex court bench, however, said that the order of the High Court on Order VII Rule 11 of CPC application has to be seen and adjourned the matter till November, while extending its interim order staying the operation of the Allahabad High Court order appointing a commission to inspect the Shahi Idgah Mosque at Mathura.
High Court allowed court-monitored survey of Shahi Idgah premises on December 14
The High Court had on December 14 allowed application filed by deity (Bhagwan Sri Krishna Virajman) and seven others seeking court-monitored survey of the Shahi Idgah premises.
Supreme Court stayed High court order on January 16
The Supreme Court, however, stayed the operation of the High Court order on January 16 on a plea filed by the Muslim side questioning the vague application made by the Hindu side before the High Court seeking appointment of a court commissioner for the survey of Shahi Idgah. The top court had said that the application seeking appointment of court commissioners should be very specific on the purpose.
The top court, however, while staying the order of the High Court, had said that the proceedings in the dispute, including the maintainability of the Hindu side suit under Order VII Rule 11 of CPC, will continue before the High Court.
The High Court on August 1 rejected the plea of the Muslim side challenging maintainability of Hindu side plea and upheld the maintainability of all 18 suits of the Hindu side.
