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The Allahabad High Court on Wednesday fixed March 20 for the next date of hearing on a plea challenging the maintainability of a suit seeking “removal” of the Shahi Idgah Mosque in Mathura, which it claims is adjacent to the Katra Keshav Dev Temple 13.37 It is built on acres of land.
The Muslim side told the high court that the suit seeking “removal” of the mosque adjacent to the Krishna Janmabhoomi temple is barred by the statute of limitation.
After hearing the case, Justice Mayank Kumar Jain has fixed March 20 as the next date of hearing.
Continuing her previous arguments, Muslim side's lawyer Taslima Aziz Ahmadi, appearing through video conference, submitted before the court that the suit is barred by the statute of limitation.
Ahmadi argued that the two parties reached an agreement on October 12, 1968, and that the agreement was confirmed in a civil suit decided in 1974. The statute of limitations to challenge a settlement is three years but the suit was filed in 2020 and thus it is barred by statute of limitations, she said.
The court on Wednesday also asked the Muslim side to file objections by March 20 on the application seeking direction to the Muslim side to allow Hindu devotees to worship at the Krishna Koop (well) located at the Shahi Idgah in Mathura. Do not stop and maintain adequate arrangements. Safety and security during puja.
The court asked the Muslim side to file its objections by the next date seeking puja inside the Shahi Idgah complex on 'Mata Sheetala Saptami' (April 1) and 'Mata Sheetala Ashtami' (April 2) as per the Hindu calendar.
The petition filed by Ashutosh Pandey said that every year a puja called 'Basoda Puja' is performed by Hindu devotees in the premises of the disputed property.
“This year, such puja dates will fall as 'Mata Sheetala Saptami' on 1.4.2024 and 'Mata Sheetala Ashtami' on 2.4.2024. On the said dates, as per the past practice, the plaintiff parties are required to perform Basoda puja, whereas the defendants are preventing them from performing such 'puja and archana' at Krishna Kupa,” the plea said.
During the hearing on the main petition, the Muslim side further submitted that the suit has been filed for possession as well as “restoration of the temple and permanent injunction” after removal of the structure of the Shahi Idgah Mosque. Ahmadi said, the prayer in the lawsuit shows that the structure of the mosque is there and the management committee is in possession of it.
“Thus, a question/dispute has been raised over the Waqf property and thus the provisions of the Waqf Act will be applicable and in such a situation, the Waqf Tribunal has the jurisdiction to hear the case and not the civil court,” he said.
