The Muslim side on Wednesday told the Allahabad High Court that the suit seeking "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura is barred by the law of limitation.
The court was hearing a plea filed by the mosque management committee challenging the maintainability of the suit. After hearing the mosque committee, the court fixed March 20 as the next date of hearing in the case.
The Muslim side on Wednesday told the Allahabad High Court that the suit seeking "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura is barred by the law of limitation.
The court was hearing a plea filed by the mosque management committee challenging the maintainability of the suit. After hearing the mosque committee, the court fixed March 20 as the next date of hearing in the case.
The matter is being heard by Justice Mayank Kumar Jain.
The Hindu side claims that the Shahi Idgah mosque has been built on 13.37-acre land of Katra Keshav Deo temple.
The limitation law sets a specific time period to seek a legal remedy.
Taslima Aziz Ahmadi, appearing for the Muslim side through video conference, submitted before the court that the two parties had entered into a compromise on October 12, 1968 and said the compromise was confirmed in a civil suit decided in 1974.
Thus no suit can be filed after such a long time as the maximum time period to challenge a compromise is three years, Ahmadi said, adding that as the suit has been filed in 2020, it is barred by limitation law.
It was further submitted that the suit has been filed for possession after removal of structure of Shahi Idgah masjid as well as for "restoration of temple and for permanent injunction".
The prayer in the suit shows the structure of masjid is there and committee of management is in possession of the same, Ahmadi said.
"In this way a question/dispute has been raised on Waqf property and thus provisions of Waqf Act will apply and in such it is the Waqf tribunal who has jurisdiction to hear the matter and not a civil court," it was argued.
After hearing Ahmadi, the court asked her to conclude her arguments by the next date and fixed March 20 for further hearing.
In compromise, the land on which the Shahi Idgah Masjid is situated was given by the Hindu side to the mosque committee in 1968, the Muslim side counsel said.
The Hindu side is yet to put forward their arguments in the court.