Shahi Idgah Case: Allahabad HC To Hear Plea Challenging Maintainability Of Suit On Feb 22

The Allahabad High Court on Tuesday fixed February 22 for hearing a plea regarding maintainability of a suit seeking removal of Shahi Idgah mosque in Mathura which it claims has been built on 13.37 acre land of Katra Keshav Deo temple.

The high court passed the order after the Hindu side failed to file its reply on the plea challenging maintainability of the suit. 

Justice Mayank Kumar Jain said that the application regarding maintainability of the suit has to be filed in between and the court will hear the issue on February 22.

On January 17, the court had given time to the Hindu side to file its reply on the application of the Muslim side moved regarding maintainability of the suit. 

A copy of the Supreme Court order was submitted on that day by which an earlier order of the high court dated December 14 last year regarding the survey of the mosque complex adjoining the Sri Krishna Janmabhoomi temple was stayed.

On December 14, 2023, the high court allowed a court-monitored survey of the Shahi Idgah complex and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.

The mosque management committee had challenged the high court's survey order in the top court.

The Supreme Court stayed the implementation of the high court's December 14 order. However, the apex court made it clear that proceedings before the high court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code will continue. 

In May last year, the high court transferred to itself all 15 cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.