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Prayagraj (UP), Dec 7 (PTI) In yet another trial involving mosque-temple disputes, the Allahabad High Court is likely to hear next week a petition filed by the management committee of Jaunpur’s Atala Mosque against the orders of the lower court. registration of a lawsuit alleging that the structure was originally a Hindu temple.
The suit was filed in a court in Jaunpur by the Swaraj Vahini Association (SVA) and Santosh Kumar Mishra. It wanted the “disputed” property to be declared ‘Atala Devi Mandir’ and followers of the Sanatan religion given the right to worship there.
On November 8, Justice Rohit Ranjan Agarwal directed SVA and Mishra to file their reply to the mosque committee’s plea within three weeks and asked the petitioner to file a rejoinder affidavit within a week.
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In the suit, the SVA had prayed for possession of the structure and sought a mandatory injunction to restrain non-Hindus from entering the premises. The plaintiffs had also sought leave to sue in a representative capacity under Order 1 Rule 8 CPC.
Under Order 1, Rule 8 of the Code of Civil Procedure (CPC), which relates to a representative action, one or more persons may bring or defend a lawsuit on behalf of all persons who have the same interest in a lawsuit.
This prayer was allowed in May this year and the same was upheld by an order of the District Judge in August this year. Both the orders have been challenged in the petition before the Supreme Court.
The Supreme Court noted that a petition challenging the earlier passed on May 29, 2024 was dismissed by the District Court on August 12, 2024 solely on the ground of non-maintainability.
The court said: “The matter requires consideration. Have a counter-affidavit filed by both defendants within three weeks.” The mosque’s management committee argued before the High Court that the complaint was flawed as the plaintiff SVA, an association registered under the Societies Registration Act, was not a legal entity and thus had no standing to file the case in a representative capacity.
Moreover, the association’s bylaws do not authorize it to file such lawsuits, she alleged.
Several lawsuits filed in various courts regarding disputes between temples and mosques have come into limelight, including Gyanvapi Mosque in Varanasi, Shahi Idgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, Ajmer Dargah of Sufi -saint Moinuddin Chishti and the Jama Masjid Shamsi of Budaun, which petitioners claim were built after the destruction of ancient temples and have sought permission to offer Hindu prayers there.
Violence during anti-inquest protests in Uttar Pradesh’s Sambhal claimed four lives on November 24. PTI CORR. RAJ RT RT
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