A civil appeal has been filed before the Court of District Judge, Mathura, against a civil court order that dismissed the suit for removing the Masjid Idgah which was allegedly built on the land of ShrikrishnaJanam Bhoomi.
The appellant said that the civil judge was wrong in dismissing the suit as they were worshippers of Lord Shri Krishna and had the right to assert their right to religion which is guaranteed under Article 25 of the Constitution. It also guarantees a right to perform puja at the birthplace of Lord Krishna which is under the illegal structure formed by the Muslims.
They said, It is the right and duty of the worshippers to make every endeavor to bring back the lost property of the deity and to take every step for the safety and proper management of the temple and the deitys property.
The appeal is filed through thee advocates: Advocate Hari Shankar Jain, Advocate Vishnu Shankar Jain and Advocate Pankaj Kumar Verma and the matter will be heard by the court today i.e. 12th October 2020 at 2 pm.
On September 30, the civil court in Mathura refused to admit the suit by saying that if the suit is filed, a large number of worshippers may come to court.
After this, the appellants submitted that a suit cannot be rejected on a ground like this to which the court said, failed to take notice of the provision of the order 1 rule 8 CPC and that the court in the appropriate case has the power to treat any suit as representative suit when the interest of numerous persons are involved.
The appellants were told by the Civil court that they did not have a right to sue. However, the appellants did not agree to this and stated that the question regarding the right to sue cannot be decided in a summary manner and at the time of admission of the suit, it cannot be decided by the court. Even the court below it did not call upon the counsel for the plaintiffs to address on the point of locus standi.
In 1968, a compromise was made by Shree Krishna Janamasthan Seva Sangh with the Committee of Management Trust Masjid Idgah which conceded a portion of the property to the committee.
However, the plaintiffs said that the Shree Krishna Janamasthan Seva Sangh did not have any ownership in the property of KatraKeshavdev and said that the birthplace of Krishna lies beneath the construction of the Trust of Masjid Idgah. The appeal shows the following: compromise made by between the trusts. The Sunni Central Board of Waqf is alleged to have granted the permission to Committee of Masjid Idgah to enter into a compromise and give some part of the land to build a mosque. It is also alleged that the Committee of Management Trust Masjid Idgah has put superstructure and encroached upon the land of Katra Keshav Dev without any authority under law and also violates the decree of the court.
It was also said that ShrikrishnaJanam Bhoomi Trust had failed to protect, manage, and save the property of the deity and had been non-functional since 1958.
It was emphasized that the suit was filed for the welfare of the deity and devotees and it also clarified that they had not prayed for handing over the management of the property to them but have prayed only that the encroachment be removed and property should be handed over to Shrikrishna Janam Bhoomi Trust.
