A Bench presided over by Chief Justice of India (CJI) Sanjiv Khanna decided to post the matter for further hearing on December 9, saying that the issues raised would require a detailed hearing.

In an earlier hearing, the Bench, also comprising Justice Sanjay Kumar, declined to pass any interim order staying the operation of the Allahabad High Court order upholding the maintainability of civil suits filed by Hindu worshippers.

The top court is examining the special leave petition filed by the Shahi Masjid Idgah Management Committee against the dismissal of their application filed under Order VII Rule 11 of the CPC (Code of Civil Procedure).

It had asked the mosque management committee, to examine the preliminary objection on maintainability since the impugned judgment being passed by the single-judge bench would be appealable before a division bench of the high court.

The apex court had clarified that the filing of the special leave petition before the apex court will not preclude the Allahabad High Court from hearing the suits filed by Hindu worshippers.

In an order passed on August 1, the Allahabad HC had rejected the mosque committee’s contention that the suits filed were barred under various statutes such as the Places of Worship Act, 1991, the Limitation Act, the Specific Relief Act, the Waqf Act, and the CPC.

A bench of Justice Mayank Kumar Jain had held that the suits involved mixed questions of facts and law regarding the religious character of the disputed property and would require further consideration after examining and appreciating the evidence filed and led by the parties.

Multiple suits seeking various reliefs were filed in different courts of Mathura with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna, where a temple had existed. The top court is also seized of a plea filed by the mosque committee challenging the transfer of suits by the High Court to itself.

Courtesy Media Group: IANS