File photo of Shahi Idgah mosque and Shri Krishna Janmabhoomi Temple, in Mathura.
Credit: PTI File Photo
Prayagraj: The Allahabad High Court on Wednesday reserved its verdict on an application of the Muslim side seeking to recall the January 11 order by which the court had directed to consolidate all suits related to the Krishna Janmabhoomi-Shahi Idgah dispute of Mathura.
When the matter was taken up, senior advocate Tasneem Ahmadi, appearing for the Muslim side, submitted that because of consolidation of the suits, their right to oppose all cases will be deprived.
She further said it is a premature stage and that the cases should not be consolidated before framing of issues and collecting evidences.
Ahmadi also said unless issues are framed it cannot be said that suits are common.
Opposing the application, Hari Shanker Jain, the counsel for the Hindu side, submitted that it is the domain of the court to consolidate the cases and no party has right to challenge the same.
Jain also said that by such objection the only purpose is to delay the proceedings. This court in its order dated August 1, 2024 had directed for framing of issues but till date no issues are framed and the court is only hearing applications, he said.
The Hindu side counsel also said that consolidation of suits did not mean that right to contest all the cases will be stopped.
Justice Mayank Kumar Jain is hearing 18 suits which are consolidated.
On August 1, Justice Jain had rejected a plea of the Muslim side challenging maintainability of suits of Hindu worshippers and held that all suits are maintainable.
The court had also held that these suits are not barred by Limitation Act, Waqf Act and Places of Worship Act 1991, which prohibits conversion of any religious structure as existed on August 15, 1947.
These suits have been filed by the Hindu side for possession after removal of the structure of Shahi Idgah masjid.
The controversy is related to Mughal emperor Aurangazeb-era Shahi Idgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.