Shahi Idgah mosque and Shri Krishna Janmabhoomi Temple, in Mathura.
Credit: PTI photo
Prayagraj: The Hindu side in the Krishna Janmabhoomi-Shahi Idgah dispute submitted in Allahabad High Court on Wednesday that the deity was not a party in the claimed compromise between the two sides in 1968 or in the court decree passed in 1974.
The counsel for the Hindu side also said that the claimed compromise was made by Sri Krishna Janmasthan Seva Sansthan, which was not empowered to enter into any such pact.
The object of the Sansthan was only to manage day-to-day activities of the temple and had no right to enter into such compromise, the Hindu side argued.
The submissions were made during the hearing of the suit seeking "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura.
The matter is being heard by Justice Mayank Kumar Jain on a plea moved by the Muslim side regarding the maintainability of the suit.
Arguments from the Hindu side will continue on Thursday.
During the earlier hearing, advocate Taslima Aziz Ahmadi, appearing for the Muslim side, had submitted before the court that the suit is barred by limitation.
As per Ahmadi, the parties had entered into a compromise on October 12, 1968. She had said the compromise has been confirmed in a civil suit decided in 1974.
The limitation to challenge a compromise is three years but the suit has been filed in 2020 and thus the present suit is barred by limitation, she had argued.
During the hearing on Tuesday, the Hindu side said the provisions of Waqf Act will not apply as the property in dispute is not a waqf property.
It said the suit is maintainable and its non-maintainability can only be decided after the leading evidence.