The Allahabad High Court has scheduled March 13 as the next hearing date on a plea challenging the maintainability of a suit seeking removal of Shahi Idgah Mosque adjacent to the Krishna Janmabhoomi temple in Mathura.
During the hearing, the counsel representing the Shahi Idgah managing committee argued that the suit seeking the “removal” of the mosque adjacent to the Krishna Janmabhoomi temple in Mathura is barred by the law of limitation.
The limitation law prescribes a specific time period within which a legal remedy must be sought. Taslima Aziz Ahmadi, appearing for the Muslim side, informed the court that the two parties in the case had entered into a compromise on October 12, 1968, which was confirmed in a civil suit decided in 1974.
Ahmadi pointed out that the limitation to challenge a compromise is three years. However, the suit in question was filed in 2020, rendering it barred by the limitation law, she told the court.
The high court was also apprised that the suit had been filed for possession after the removal of the Shahi Idgah structure and for “restoration of the temple and for a permanent injunction”.
Ahmadi emphasized that the prayer in the suit indicates the presence of the mosque structure and the committee of management’s possession of the same.
“In this manner, a question/dispute has been raised concerning Waqf property, and thus the provisions of the Waqf Act will apply. Accordingly, the jurisdiction to hear the matter lies with the Waqf tribunal, not a civil court,” she stated.
Following the arguments, the Court scheduled March 13 as the next date of hearing for the plea regarding the maintainability of the suit seeking the “removal” of the Shahi Idgah mosque, which the Hindu side claims has been constructed on 13.37-acre land of Katra Keshav Deo temple.
Last May, the high court had consolidated all 15 cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute under its jurisdiction.
