The Shahi Idgah Committee of Mathura has filed a petition in the Supreme Court against the order of the Allahabad High Court. However, a caveat has already been filed in the Supreme Court by advocate Vishnu Shankar in this matter.
On May 26, the Allahabad High Court directed the District Judge of Mathura to prepare a list of all such cases of a similar nature, including the subject matter and touching its purview, whether expressly or by implication, including such cases and these Include details of suit-cases. High Court had said The record, as mentioned above, shall be duly forwarded to the Court and the same shall be transferred to this Court in exercise of suo motu powers of this Court.
The transfer petition in Allahabad was filed by Vishnu Shankar Jain-Hari Shankar Jain and was represented by Advocates Prabhash Pandey and Pradeep Kumar Sharma. He emphasized the importance of the pending cases for lakhs of Lord Krishna devotees and argued that the matter was of national importance.
Hence, he requested to transfer the cases to the High Court. Advocates Hari Shankar Jain and Vishnu Shankar Jain further submitted that the High Court is well equipped to handle the important legal questions and constitutional interpretations involved in the litigation pending before the Mathura Court.
Following the arguments, a single judge bench of Justice Arvind Kumar Mishra of the High Court referred to Section 24(1)(b) of the CPC, which allows for the withdrawal of a pending trial from a subordinate court and transfer to the court where The transfer was done. An application has been made to the High Court in this matter.
It clarified that the High Court has jurisdiction to hear and decide all issues covered under Section 24 of the CPC, overcoming any limitation that may prevent the High Court from proceeding with a case after withdrawing it from a civil court where it was initially filed. Thus, the Court asserted its power to transfer cases pending before lower courts.
In fact, the Hindu side claims that Aurangzeb had demolished the temple and built a mosque there. In 1670, an order was issued to demolish the temple of Bhagwan Keshavdev in Mathura. After this, the Shahi Idgah mosque was built in Mathura. Total ownership of 13.37 land in Mathura. There is a dispute regarding the right, in fact Shri Krishna Janmabhoomi has ownership rights of about 10.9 acres and Shahi Idgah has ownership rights over two and a half acres. Not only this, the Hindu side is demanding the removal of the Shahi Idgah mosque and handing over the land to Shri Krishna Janmabhoomi.
