The hearing of the civil suit filed in Mathura Court seeking ownership of the entire 13.37 acres of Krishna Janmabhoomi land has been adjourned till Dec 10 after the plaintiff in the case Shri Krishna Janmabhoomi Trust failed to appear before the Court on Wednesday.
On Oct 16, the Mathura Court admitted the plea seeking to remove the mosque, situated adjacent to Krishna Janmabhoomi. The hearing for the same was scheduled for today.
On Sept 30, a Mathura Civil Court had refused to admit a suit to remove an Idgah “built on Krishna Janmabhoomi”.
The Court had dismissed the suit, filed by Lawyer Vishnu Jain, citing a bar under the Places of Worship (Special Provisions) Act, 1991. The Act had only exempted the litigation on the ownership of the disputed Ram Janmabhoomi-Babri Masjid land in Ayodhya but barred the Courts from entertaining litigation that would alter the status quo of a religious place as existed on Aug 15, 1947.
The suit blamed Mughal ruler Aurangzeb for demolishing a Krishna temple, built at the “birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura, in the year 1669-70 AD” & raising the “Idgah Mosque” in its place.
The suit sought the removal of encroachment & the superstructure, now maintained by the Committee of Management of Trust Masjid Idgah with the consent of the Sunni Central Board.
The suit was filed against the Uttar Pradesh Sunni Central Waqf Board & the Committee of Management Trust Masjid Idgah as it granted approval to the later to enter into an “illegal” compromise with Shree Krishna Janmasthan Seva Sangh on Oct 12, 1968. It was illegal & void for the reason that the society had no right over the property involved in Civil Suit No. 43 of 1967, decided by Civil Judge, Mathura, it said, adding that the 1968 deed wasn’t binding.
The Places of Worship (Special Provisions) Act declares that the religious character of a place of worship shall continue to be the same as it was on Aug 15, 1947. The Act also declared that all suits, appeals, or any other proceedings regarding converting the character of a place of worship, which were pending before any Court or authority on Aug 15, 1947, would abate as soon as the law came into force.