The Allahabad High Court on Monday dismissed Shahi Jama Masjid Committee’s civil revision petition challenging a trial court’s order of directing a survey of the Sambhal mosque.
The plea sought a stay on the ongoing trial court proceedings in an original suit pending before the district court in
On November 19, 2024, trial court had appointed an Advocate Commissioner to conduct the survey of the mosque premises.
The trail court had passed this order in respose to the plea filed by Advocate Hari Shankar Jain and others claiming that the mosque was built after demolishing a pre-existing Hindu temple.
The High Court single-judge bench of Justice Rohit Ranjan Agarwal on Monday upheld the trial court’s order. This effectively clears the way for the continuation of the survey proceedings.
In an exclusive conversation with iTV Network, Advocate Vishnu Shankar Jain termed the High Court order as a significant move towards putting to rest the widespread misconception over the appointment of the Advocate Commissioner.
Jain clarifed that Order 26 Rules 9 and 10 of the Civil Procedure Code empowers the court to appoint a survey commissioner without the need to hear any party at that initial stage.
The trail court proceedings in this case are currently paused as the Supreme Court has issued an order to all courts across India not to pass any effective orders in such cases.
The pause will remain until the Supreme Court decides on the validity of the Places of Worship Act, 1991.
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