The Supreme Court addressed a recent plea contesting the Allahabad High Court's decision to consolidate 15 suits linked to the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid conflict. Justices Sanjiv Khanna and Dipankar Datta ruled on the plea filed by the Committee of Management Trust Shahi Masjid Idgah, granting them the freedom to pursue their recall application in the high court.
The bench stated, "The petitioner seeks the recall of the Allahabad High Court's contested judgment. We dismiss the current SLP and allow the petitioner to reintroduce the recall petition before the high court." The Committee's counsel informed the court about the pending recall application and urged for a specific date for its listing, but the bench declined to issue such an order.
On January 11, the high court, in the interest of justice, ordered the consolidation of the 15 suits upon an application filed by a Hindu plaintiff. The plaintiff argued that after the initial suit was filed in Mathura's civil court on September 25, 2020, several other suits concerning the 13.37-acre land emerged. Hence, the high court deemed it fit to consolidate these suits to streamline proceedings, minimize expenses, and avoid conflicting judgments.
Earlier, on January 29, the Supreme Court upheld the interim stay on the Allahabad High Court's order for a court-monitored survey of the Shahi Idgah Mosque complex adjacent to the Krishna Janmabhoomi temple. Additionally, on January 16, it suspended the operation of the December 14, 2023 order allowing the survey, along with the appointment of a court commissioner for overseeing the process, amidst claims from the Hindu side suggesting the site's historical connection to a temple.
However, the apex court clarified that proceedings regarding the dispute's merits, including the suit's maintainability under Order 7 Rule 11 of the Civil Procedure Code (CPC), will proceed in the high court. Concurrently, the Supreme Court is also examining a petition filed by the mosque committee challenging the May 26, 2023 order transferring all dispute-related matters from a Mathura court to itself, mirroring the procedure followed in the Babri Masjid-Ram Janmabhoomi case.
