Allahabad High Court clubs 15 suits in Krishna Janmabhoomi - Shahi Idgah Masjid dispute

The Allahabad High Court recently passed a direction to consolidate fifteen suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid dispute [Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat & 7 Ors v UP Sunni Central Waqf Board & 3 Ors]..Justice Mayank Kumar Jain passed the order after an application was filed by a Hindu party (plaintiff) under Order IV-A of the Civil Procedure Code (CPC)."Considering the arguments advanced by the learned counsel for the parties and in the interest of justice Original Suit Nos. 1/23, 2/23, 4/23, 5/23, 6/23, 7/23, 8/23, 9/23, 11/23, 12/23, 13/23, 14/23, 15/23, 16/23 and 18/23 ( referred in the table above) are consolidated," the Court directed..The suits seek the removal of the Mathura Shahi Idgah Masjid on the ground that it was built over Krishna Janmabhoomi land. The suits were earlier pending before a civil court at Mathura. However, in May 2023, the High Court transferred these suits to itself..A Hindu plaintiff then moved the High Court with a plea to consolidate all the suits. The plaintiff's counsel contended that the matter was initially before the Civil Judge (Senior Division) in Mathura on September 25, 2020 before they were transferred to the High Court.Subsequently, additional suits of similar nature, involving the 13.37-acre land of Katra Keshav Dev and the removal of the disputed structure, were filed. In total, there are eighteen pending suits before the High Court for trial, the counsel added..It was prayed that seventeen other suits pending before the Court be consolidated with the suit of the plaintiffs. It was further submitted that by consolidation of the suits the time of the Court as well the expenses of the parties can be saved and would avoid the possibility of conflicting judgments. .Taking into consideration the above facts, the Court directed that fifteen of the eighteen suits mentioned by the plaintiff be consolidated so that they could be heard together. "These suits are of similar nature. The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other," the Court said in its January 11 order. .Of the remaining three suits, the Court said that the question of whether two such suits should also be consolidated could be decided at a later stage. "So far as the Suit No. 10 of 2023 is concerned an application for restoration of the suit is pending ... Since, in Original Suit No. 17 of 2023, an application under Order I Rule 8 read with Section 151 C.P.C. is pending for disposal, therefore, the issue of consolidation of this suit with another suits will also be taken into consideration later on," the Court explained. The remaining one suit was filed against the Union of India (and not private defendants), the Court further noted. .Notably, the counsel for the plaintiff also recounted that in December 2023, the High Court had allowed the application to appoint a panel of three advocates as commissioners for inspection of the disputed property.He prayed that certain advocates on behalf of plaintiffs may also be permitted to participate in the proceedings of the commission.Certain other concerns over damage to walls and gates on the property owned by the plaintiffs were also raised. The matter will be heard next on January 17..Advocates Vishnu Jain, Devki Nandan Sharma, Prabhash Pandey and Pradeep Kumar Sharma appeared for the plaintiffs (Hindu side).Advocates Nasiruzzaman, Gulrez Khan, Hare Ram, Nasiruzzaman and Punit Kumar Gupta appeared for defendants (Muslim side)..[Read Order]