The Supreme Court on Friday sought details of the suits, related to the Krishna Janmabhoomi-Shahi Eidgah Masjid dispute, from the Registrar of the Allahabad High Court, which were ordered to be clubbed and transferred by the High Court to itself.
A bench, comprising of Justices S K Kaul and Sudhanshu Dhulia, was hearing the plea filed by the management committee of the Shahi Masjid Eidgah against the order passed by the Allahabad High Court in May directing transfer of all matters relating to the dispute pending before a Mathura court to the high court.
The Supreme Court opined that it will be a better alternative if the case is tried by the High Court itself to avoid delay and multiplicity of proceedings.
“It is in the larger interest of everybody that the matter is decided at a higher level,” the bench remarked.
However, counsel appearing for the petitioner management committee submitted before the apex court that such transfer by the HC deprives the appellate jurisdiction of the parties and all the parties do not have the wherewithal to travel to the High Court.
It was further contended that suits not having similar causes of action were also sought to be clubbed.
At this, the top court said: “Let us call for all the details. We will ask the Registrar of the High Court. Then let us see how the trial should proceed.”
The top court directed the HC’s Registrar General to furnish information of all pending suits ordered to be clubbed and transferred by the High Court to itself and adjourned the proceeding for three weeks.
The Hindu devotees, in their transfer petition before the Allahabad High Court, said that the Krishna Janmabhoomi case in Mathura holds national importance and should be heard in the high court. Thereafter, the high court has transferred the cases currently being heard in the lower court in Mathura to itself.
Multiple suits had been filed in the Krishna Janmabhoomi-Shahi Eidgah dispute in different courts of Mathura, with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna and where a temple had existed.
On July 11, the High Court had dismissed a writ petition filed by the Shri Krishna Janmabhoomi Mukti Nirman Trust, which requested the court to direct the Mathura civil judge to decide its application for a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises before deciding on the objections raised against the suit by the opposite parties, namely the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board.
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