NEW DELHI: The Supreme Court on Tuesday agreed to hear on April 21 a plea filed by the Hindu parties to consolidate all suits related to claims made with regard to Gyanvapi mosque pending before Varanasi courts.
Advocate Vishnu Shankar Jain mentioned the matter before a a bench of Chief Justice of India D Y Chandrachud, Justices P S Narasimha and J B Pardiwala for urgent listing.
He said the Varanasi district court was not passing an order on the issue and the matter has been repeatedly adjourned.
On this, the court said the case would not be deleted from the list on April 21.
The plea stated there is Temple of Lord Adi Visheshwar in the city of Varanasi from time immemorial where there is Jyotirlinga that emerged as Swayambhu Deity. According to Hindu Shastras, Lord Shiva Himself established five Krosh Avimukta area. The Temple of Shri Adi Visheshwar is the central point of Avimukta area.
"The Temple was several times demolished/damaged by Islamic invaders but Hindus on getting opportunity restored the same. In the year 1585, Raja Todar Mal, the then Governor of Jaunpur, under the instructions his Guru- Narayan Bhatt reconstructed a magnificent Temple of Lord Shiva at the same very place where the Temple originally existed i.e. at Settlement Plot No.9130, consisting of sanctum sanctorum (Garbhagriha) surrounded by 8 (eight) Mandaps," it said.
However, the Temple of Adi Visheshwar at Varanasi restored by Raja Todar Mal was again partially demolished under the orders of Aurangzeb but Hindus continued to worship in the old Temple Complex of Lord Adi Visheshwar at several places of visible and invisible deities and were also performing Pooja on the debris of the ruins of the damaged structure particularly lying in the Western side of the Temple where there was main seat of Maa Shringar Gauri.
At present, there are seven different suits pending including the one by the devotees of Lord Visheshwar, stating that thry have every right to use the said place as place of worship and to renovate and to reconstruct their Temple.
"In all the suits different points have been raised to substantiate the right to worship and restoration of the old Temple but the ultimate result is to establish right of worship and restoration of old Temple which was illegally demolished/damaged in the year 1669," it stated.
The plea also stated that there are some other suits but their description is not available.
The District Judge is the Appellate/Revisional authority for the pending Suits and he is also trying one suit, therefore, there is possibility of an overlap in passing orders on different issues and even the possibility of passing contradictory orders.
Under Order 4A of CPC, the Suit of similar nature should be tried jointly so that the time and energy of the court may be saved.
Therefore, in view of the reliefs claimed by different parties and Suits being of identical nature and interlinked with each other, it is necessary that all the Suits be tried together, it stated.
