New Delhi
On Tuesday, the Supreme Court declined to issue a stay on the Allahabad High Court’s decision allowing civil suits related to the Krishna Janmabhoomi-Shahi Eidgah Masjid dispute. The Allahabad HC had earlier ruled that these suits, filed by Hindu worshippers, are maintainable, rejecting arguments from the mosque management that various statutes barred the suits.
The SC, led by Justice Sanjiv Khanna and joined by Justice Sanjay Kumar, decided to examine the special leave petition filed by the mosque management. The petition challenges the dismissal of their application under Order VII Rule 11 of the Code of Civil Procedure (CPC). The Court will consider this plea in the week starting November 4, alongside other related petitions.
The SC also instructed the mosque management to address preliminary issues regarding the maintainability of the case, noting that the Allahabad High Court’s single-judge decision could be appealed to a division bench of the same court.
The Allahabad HC’s August 1 order had stated that the suits, which involve questions of religious significance and property law, require further review based on evidence presented by both parties. The Supreme Court’s ruling allows the high court to continue its proceedings on these suits while the apex court reviews the special leave petition.