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Communalism Rule of Law

Gyanvapi case: District court adjourns hearings in maintainability suit till July 4

Mosque committee asserts ownership of land; fresh suit filed before a fast-track court

Sabrangindia 30 May 2022

Gyanvapi

In fresh developments in the Gyanvapi case that is being heard before the Varanasi district court, hearing in the matter pertaining to the maintainability of the suit against the Gyanvapi mosque under Order 7 Rule 11, has now been adjourned to July 4.

According to LiveLaw, Advocate Harishankar Jain appeared for the Hindu plaintiffs, while Advocate Abhay Nath Yadav appeared for the Anjuman Intezamia Masjid (AIM), which is the mosque management committee. Advocate Yadav asserted that the Gyanvapi mosque is Waqf property. He cited the Din Mohammed case of 1937 in which it was reportedly decided by the Court which area is the property of the mosque and which area is the property of the temple. The mosque committee, therefore, submitted, “Entire compound of the Gyanvapi Mosque belongs to the Muslim Waqf and Muslims have right to offer namaz in it.”

The AIM also objected to demands made by Hindu petitioners to offer prayers at the site of the “Shivling” that was allegedly discovered in the Wazu Khana (ablution tank) of the Gyanvapi mosque at the time of the video survey.

Meanwhile, three more parties - Lord Vishweshara (through next friend) Hindu Sena, Brahmin Sabha, and Nirmohi Akhara, have also approached the court seeking impleadment in the suit as plaintiffs. The case has now been adjourned to July 4. At the time of publishing this story the court was yet to pass an order about sharing the survey findings.

Meanwhile, drama unfolded parallelly in the fast-track court of Civil Judge (Senior Division) Mahendra Pandey, where a fresh petition was filed by one Kiran Singh seeking removal of the mosque. Here too, newspersons were barred from the courtroom and security around the court was beefed up. Another plaint was filed before this court seeking ad interim injunction against the AIM to prevent the mosque committee from causing hindrance to the entry of Hindu devotees and preventing them from offering prayers to the “Shivling” that the mosque committee insists is just a part of a defunct fountain. A group called the Kendriya Brahman Mahasabha filed an impleadment application seeking the right to offer prayers.

Advocates Shivam Gaur appeared for the Hindu plaintiffs, while advocates A Raees appeared for the AIM. This fast-track court now first needs to decide on the maintainability of Kiran Singh’s plaint. The court has for now adjourned the suit seeking ad interim relief to July 8. According to LiveLaw, the court noted that, “Since the Uttar Pradesh Government, Varanasi District Magistrate, Varanasi Police Commissioner and the AIM have not received a copy of the plaint copy, therefore, it won't be justified to give any order without giving them the opportunity to get a copy of the plaint and argue on the same.” The court then directed them to filed their response/objections before July 8 which is the next date of hearing.

Related:

Gyanvapi case: Hearing continues on provisions of Order 7 Rule 11 of CPC

Gyanvapi case: Two Kashi Vishwanath Mahants debunk ‘Shivling’ claims

Gyanvapi case: SC transfers the case from Trial Court to District Court

Gyanvapi case: Mosque authorities advise devotees against turning up for namaz in large numbers

Varanasi peace activists begin campaign to maintain communal harmony

Halt Gyan Vapi proceedings today: SC to Varanasi Court

Gyanvapi case: Video survey report to be submitted before Varanasi court today

Gyanvapi case: “Shivling” controversy continues

SC orders "Shivling" to be protected without denying Muslims access to the mosque

Gyanvapi case: Varanasi court removes controversial Advocate Commissioner

Shivling ‘found’ on Gyanvapi mosque premises, court orders area sealed

Gyanvapi case: Two more advocate commissioners added to Shringar Gauri survey team

Gyanvapi case: Court to pronounce order in Shringar Gauri temple survey matter today

Gyanvapi case: One out of five withdrawing name from Maa Shringar Gauri temple petition?

Gyanvapi case: Videographic survey of Maa Shringar Gauri temple begins

Gyanvapi case: Allahabad HC stays ASI survey, proceedings before lower court

Gyanvapi case: Varanasi court to hear petition to hold prayers in Shringar Gauri temple

Gyanvapi case: District court adjourns hearings in maintainability suit till July 4

Mosque committee asserts ownership of land; fresh suit filed before a fast-track court

Gyanvapi

In fresh developments in the Gyanvapi case that is being heard before the Varanasi district court, hearing in the matter pertaining to the maintainability of the suit against the Gyanvapi mosque under Order 7 Rule 11, has now been adjourned to July 4.

According to LiveLaw, Advocate Harishankar Jain appeared for the Hindu plaintiffs, while Advocate Abhay Nath Yadav appeared for the Anjuman Intezamia Masjid (AIM), which is the mosque management committee. Advocate Yadav asserted that the Gyanvapi mosque is Waqf property. He cited the Din Mohammed case of 1937 in which it was reportedly decided by the Court which area is the property of the mosque and which area is the property of the temple. The mosque committee, therefore, submitted, “Entire compound of the Gyanvapi Mosque belongs to the Muslim Waqf and Muslims have right to offer namaz in it.”

The AIM also objected to demands made by Hindu petitioners to offer prayers at the site of the “Shivling” that was allegedly discovered in the Wazu Khana (ablution tank) of the Gyanvapi mosque at the time of the video survey.

Meanwhile, three more parties - Lord Vishweshara (through next friend) Hindu Sena, Brahmin Sabha, and Nirmohi Akhara, have also approached the court seeking impleadment in the suit as plaintiffs. The case has now been adjourned to July 4. At the time of publishing this story the court was yet to pass an order about sharing the survey findings.

Meanwhile, drama unfolded parallelly in the fast-track court of Civil Judge (Senior Division) Mahendra Pandey, where a fresh petition was filed by one Kiran Singh seeking removal of the mosque. Here too, newspersons were barred from the courtroom and security around the court was beefed up. Another plaint was filed before this court seeking ad interim injunction against the AIM to prevent the mosque committee from causing hindrance to the entry of Hindu devotees and preventing them from offering prayers to the “Shivling” that the mosque committee insists is just a part of a defunct fountain. A group called the Kendriya Brahman Mahasabha filed an impleadment application seeking the right to offer prayers.

Advocates Shivam Gaur appeared for the Hindu plaintiffs, while advocates A Raees appeared for the AIM. This fast-track court now first needs to decide on the maintainability of Kiran Singh’s plaint. The court has for now adjourned the suit seeking ad interim relief to July 8. According to LiveLaw, the court noted that, “Since the Uttar Pradesh Government, Varanasi District Magistrate, Varanasi Police Commissioner and the AIM have not received a copy of the plaint copy, therefore, it won't be justified to give any order without giving them the opportunity to get a copy of the plaint and argue on the same.” The court then directed them to filed their response/objections before July 8 which is the next date of hearing.

Related:

Gyanvapi case: Hearing continues on provisions of Order 7 Rule 11 of CPC

Gyanvapi case: Two Kashi Vishwanath Mahants debunk ‘Shivling’ claims

Gyanvapi case: SC transfers the case from Trial Court to District Court

Gyanvapi case: Mosque authorities advise devotees against turning up for namaz in large numbers

Varanasi peace activists begin campaign to maintain communal harmony

Halt Gyan Vapi proceedings today: SC to Varanasi Court

Gyanvapi case: Video survey report to be submitted before Varanasi court today

Gyanvapi case: “Shivling” controversy continues

SC orders "Shivling" to be protected without denying Muslims access to the mosque

Gyanvapi case: Varanasi court removes controversial Advocate Commissioner

Shivling ‘found’ on Gyanvapi mosque premises, court orders area sealed

Gyanvapi case: Two more advocate commissioners added to Shringar Gauri survey team

Gyanvapi case: Court to pronounce order in Shringar Gauri temple survey matter today

Gyanvapi case: One out of five withdrawing name from Maa Shringar Gauri temple petition?

Gyanvapi case: Videographic survey of Maa Shringar Gauri temple begins

Gyanvapi case: Allahabad HC stays ASI survey, proceedings before lower court

Gyanvapi case: Varanasi court to hear petition to hold prayers in Shringar Gauri temple

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