Gyanvapi Mosque Dispute : Varanasi District Court Directs to Consolidate all 7 Related Cases Concerning Gyanvapi Mosque Dispute, Agrees to Hear Them Together
(Judicial Quest News Network)
A District court of Varanasi today has directed in an Application moved before it seeking to consolidate 7 Gyanvapi Mosque-Related suits pending before various courts.
The District Judge Dr.Ajay Kishan Visvesha who had reserved his verdict after the hearing ended on Monday, said in his verdict today that all the seven related cases would be clubbed in and heard together.
“I am of the opinion that it will be expedient in the interest of justice that All the suits mentioned above namely Civil Suit No. 693/2021 (New Number 0.S. No.-18/2022), Civil Suit No. 712/2022 (New Number O.S. No.-01/2023), Civil Suit No. 839/2021 (New Number 0.S. No.-02/ 2023), Civil Suit No.840/2021 (New Number 0.S. No.-03/2023), Civil Suit No.350/2021 (New Number 0.S. No.-04/2023), Civil Suit No.245/2021 (New Number O.S. No. 05/2023), Civil Suit No.358/2021 (New Number 0.S. No.-06/2023) and Civil Suit No.925/2022 (New Number 0.S. No.07/2023) should be tried together and may be consolidated and all these suits and proceedings shall be decided upon the evidence in any of such suits or proceedings and Civil Suit No.693/2021 (New Number 0.S. No.-18/2022) Smt. Rakhi Singh and others Versus State of U.P. and others shall be the leading case and evidence shall be recorded in the leading case, “The District Judge said in his order.
A group of the 4 petitioners from the Hindu side had last year filed a plea for clubbing in all related cases in the Gyanvapi-Mosque dispute pending before the courts, as it would save time and money, and avoid possible legal difficulties.
The verdict was delivered in the light of the Section 4A CPC [inserted by Uttar Pradesh Act 57 of 1976] which states that when two or more suits or proceedings are pending in the same court, and the court is of the 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.
The Varanasi District Judge has also taken it into the account that in the recent past the Apex Court had observed that Hon’ble Supreme Court of India has directed through Order dated 11.11.2022 passed in SLP(C) No.9388 of 2022 that applicants can file an application matter, before the District Judge for consolidation of suits. The subject the nature of reliefs claimed in the suits and the pleas raised by the parties in all the above mentioned suits are substantially the same, therefore, it would be expedient that all the suits be transferred to this Court may be consolidated and tried together. The applicants have prayed that this court may be pleased to consolidate suits bearing 0.S. Nos.-18/2022, 01/2023, 02/2023, 03/2023, 04/2023, 05/2023, 06/2023 and 07/2023 pending in this Court.
In August 2021, five women filed a petition in the local court seeking the right to perform regular worship at the Shringar Gauri site located in the Gyanvapi Mosque premises. In April 2022, a senior division court ordered a survey of the Mosque premises. The Survey was completed in May 2022. During this time, a Shivling was allegedly found in the Mosque complex, which the Muslim side claimed was a fountain.
The Apex Court on May 19, ordered the Archaeological Survey of India (ASI), to not conduct Carbon Dating of Shivling inside the Gyanvapi Mosque-Kashi Vishwanath Corridor, till the next hearing of the matter, which is scheduled on July, 6 2023.
