Prayagraj: The Allahabad High Court on Wednesday (October 23) dismissed an application, filed by the Muslim side, seeking to recall High Court’s January 11 order consolidating all suits of the Hindu side in Mathura’s Krishna Janmabhoomi-Shahi Idgah dispute.
The High Court had on January 11 ordered consolidation of all suits filed by the Hindu side in the interest of justice on an application of the Hindu side.
Counsel Tasneem Ahmadi, who represented the Muslim side, had sought recall of the High Court order, submitting that the matter is in a premature stage and suits should not be consolidated before framing of issues and collecting evidence.
Hindu side opposed Muslim side’s recall application
The Hindu side opposed the submissions of the Muslim side and submitted that once the court is of the opinion that reliefs in the pleas are the same, the property is the same and defendants are the same, in the matter it is the domain of the court to consolidate the cases and no party has right to challenge the same. It also alleged that the objective of the application by the Muslim side was to delay court proceedings, news agency PTI reported.
High Court on August 1 dismissed Muslim side’s plea challenging maintainability of suits filed by Hindu side
The High Court had ordered the framing of issues on August 1, however, no issues have been framed till now. The High Court had on August 1 rejected a plea filed by the Muslim side challenging the maintainability of suits of Hindu sides and held that all suits filed by the Hindu side are maintainable. It had further said that the suits filed by the Hindu side, which has sought removal of the Shahi Idgah structure and possession of the site. are not barred by the Limitation Act, the Waqf Act and the Places of Worship Act 1991.
Apex court earlier disposed of Muslim side’s recall application and granted it liberty to pursue it before High Court
Earlier, the Supreme Court disposed of the plea filed by the Muslim side challenging the January 11 order of the High Court consolidating 15 suits of the Hindu side and granted liberty to the Muslim side to pursue its recall application before the high court.
