Case Title: Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat No. 255 and Ors. v. U.P. Sunni Central Waqf Board and Ors.
Case No: Original Suit No. – 1 of 2023
Decided on: 11th January, 2024
CORAM: THE HON’BLE MR. MAYANK KUMAR JAIN
Facts of the Case
Advocate Vishnu Shankar Jain, representing the Hindu plaintiffs, contended that subsequent to the initiation of the original suit before the Civil Judge (Senior Division) in Mathura on September 25, 2020, “certain other suits of a similar nature concerning the 13.37 acres of Katra, Keshav Dev, and for the removal of the disputed structure have been filed.”
Additionally, addressing the December 2023 order of the Allahabad High Court permitting a plea for the appointment of a court commissioner to inspect the Idgah Mosque, Advocate Jain emphasized that the Court is yet to determine the composition and modalities of the commission.
Legal Provision
Order IV-A Rule 1 of Code of Civil Procedure,1908 mentions about Consolidation of suits and proceedings. It states that when two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings.”
Issue
Can the suits be decided simultaneously on the basis of common evidence?
Court’s analysis and decision
The Allahabad High Court, responding to an application filed by Hindu plaintiffs under Order IV-A of the Civil Procedure Code, has issued a directive to consolidate 15 suits connected to the Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The consolidation is deemed to be in the “interest of justice,” as stated in the court order. These suits share a common objective of seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura. Additional prayers include the possession of the Shahi Idgah premises and the demolition of the existing structure.
In justifying the consolidation, Justice Mayank Jain, part of the bench, emphasized the expediency of simultaneously handling proceedings and deciding suits based on common evidence. This approach aims to save the court’s time, reduce expenses for the parties involved, and prevent conflicting judgments.
Prior to issuing the order for consolidation, the Court took into consideration the stance of the Sunni Waqf Board, the Idgah mosque committee, and other defendants, who expressed no objection to the consolidation of suits.
While an urgent hearing was sought on the composition and modalities of the commission, the Court deferred the proceedings to January 17 due to the absence of advocates representing the defendants.
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Written by- Afshan Ahmad
