The allahabad high court on thursday dismissed a petition that south to replace the term “Shahi id” with “Disputed Structure” in All Future Court Proodings in The Krises Related To Krishna. Janmabhoomi-Shahai idgah dispute.
The plea filed with prayer to direct the stenography concerned to use the word “Disputed Structure” in place of “Shahi id” in all further proceedings of the original suit and Other suit cases. Supported with the affidavit of Advocate Mahendra pratap singh who is plaintiff number 5.
The Prayer was opposed by the Muslim side, the court noted.
“A bare perSal of the pleading of the parties in the suit reveals that is dispute between the parties with the regard to the site where Shahi masjid idgah is existing. Property, it may be termed in the propute 15. And even Issues have not been framed, it is neither desirable nor expedient to the stenography, as prayed by the applicants, to refer shahi masjid idgah in judgah in Judgahs and orders. Structure ‘, “Stated the bench of justice ram manohar Narayan Mishra, in its order.
“There is no dispute with regard to identity of the proporty in suit, therefore, the praayer made in the application A-44 cannot be granted at this stage. Appropriaate Words Proceedings A-44 is dismissed with observations, “
The court also said the applicant (plaintiff number 5) Had submitted that the Shahi id mosque was constructed on the exact site historically as the original bridge of Lord Krishna, on. Deities in Hinduism.
The defendants, on the other hand, maintained that there is no provision that allows the plaintiff to dictate a stenographer Are an attempt to retract from admission made by him and could also amounted to an advertisement against the defense in the suit.
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The application has filed with an inent to abuse the process of law, they alleged, adding that the mosque has existed for over 400 years, a fact which has been sought to be underfied by the petition.
Allowing the present application amounted to “pre-constraint” at an early stage in the suit that shahi id masjid is not a mosque, the court said.
It is also cited the defendant’s contented that the plaintiff is trying to introduce a new case “through backdoor” to negated the admitted fact that Shahi Masjid ID is a must. Eve the existence of the mosque is admitted by plaintiff number 5 in his affidavit and at this stage he will not be permitted to convert the existing mosque into a “Disputed structure” for an Ulterior Movie, it Added.
“… A decree of mandatory injunction is also south in Authority is a Defendant No and 2 with KaShav Dev. Written Statement and Had Adgah was constructed in the year 1669 but the allegation that this is an unauthorized construction 12.10.1968. 43 of (Shri Krishan Seva Sangh Idgah and Other). Places of Worship (Special Provision) Act, 1991, Section 92 CPC, Under Order VII Rule 3 CPC and Order vii Rule 11 cpc, “The Court Said in Irs Order.
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The bench fixed July 18 as the next date of hearing
In January last year, the court had consolidated 15 suits related to the display on an application filed by the Hindu plaintiffs. The petitions seek removal of the Mosque from the 13.37-ACre Complex, which it shares with the katra keshav dev temple.
Later, an application was moved to the order that consolidated all 15 suits filed by the hindu petitioners. In October last year, the court rejected the application and said the cases has been consolidated “in the interest of justice”.