Krishna Janmabhoomi- Shahi Idgah Masjid Case:Allahabad High Court Agrees to Hear Plea Seeking Transfer of Suit From Lower Court to High Court
(Judicial Quest News Network)
In a significant development Allahabad High Court agreed to hear a plea seeking transfer of suit pertaining to Krishna Janmabhoomi-Shahi Idgah Masjid, dispute from trial court to the High Court.
Justice Nalin Kumar Srivastava has expressed that matter needs consideration.
The main suit before the lower court seeks to remove the Mathura Shahi Masjid on the ground that it was built over Krishna Janambhoomi land.
The transfer petition seeks the trabfer of case from trial court to High Court citing the reason that the issue in the case concerns crores of Lord Krishna’s devotees and the matter is of national importance.
It is submiited that the High Court under section 24 (1) (b) of Code of Civil procedure is competent to withdraw any suit, appeal or other proceeding pending in any Court subordinate to it and to try or dispose of the same.
It is also submitted that the substantial questions of law and several questions relating to the interpretation of the Constitution of India which are involved in the suits aforesaid can be conveniently decided by this court being Constitutitonal Court.
It is prayed in the transfer petition that on the aforementioned ground to withdraw suit no.353/2022 and also all suits of similar nature pending in the civil courts under Mathura to High Court fro trial inexercise of the powers nder section 24 (1) (b) of Code of Civil Procedure.
Alternatively it is also prayed that all the cases may be transferred to one Court of District Juge, Mathura for disposal to avoid the possibility of different verdictsof different courts on simila issues and also for the sake of convenience of the parties.
The other party (Waqf Board), opposed the transfer to the High Courton the ground that the petition was not maintainable arguing that an application should have been moved before the Chief Justice of High Court instead.
The other side (Waqf Board), said that applicants alone could not file a transfer application on behalf of paries in the other cases should also be given a fair hearing before the matter is decided.
The Court while issuing notice has opined that the issue requires further considerationand agreed to hear it further on March 2.
Advocates Vishnu Shankar Jain, Pradeep Kumar Sharma and Prabhash pandey appeared for the applicants.
The opposite party (Waqf Board) was represented by Advocate Punit Kumar Gupta.
[Read Order]
