The Allahabad High Court on Thursday dismissed the petition filed by the Muslim side contesting the maintainability of 18 lawsuits initiated by Hindus seeking the removal of the mosque from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.
The bench of Justice Mayank Kumar Jain pronounced its verdict today, around two months after it reserved the same on June 6.
The court observed that all 18 suits are maintainable, thus clearing the path for them to be heard based on their merits.
The bench stated that the suits filed by the Hindu worshippers and the deity are not prohibited under the Limitation Act or the Places of Worship Act, among other statutes.
The verdict refutes the primary argument from the Committee of Management Trust Shahi Masjid Idgah (Mathura) that the pending lawsuits are barred by the Places of Worship Act 1991, the Limitation Act 1963, and the Specific Relief Act 1963.
Taslima Aziz Ahmadi, representing the Muslim side, had submitted before the court that the provision of the Waqf board would apply, and it was the Waqf tribunal, which has the jurisdiction to hear the matter.
To this end, the Hindu plaintiff argued that no property under the name of Shah Idgah exists in the government records, alleging illegal occupation. They also contended that if the property is claimed to be Waqf, the Waqf Board must disclose the donor of the disputed property.
Meanwhile, the hearing of petitions will continue on August 12.