New Delhi: The Supreme Court on Tuesday declined to issue an interim stay on the Allahabad High Court’s order that upheld the maintainability of civil suits related to the Krishna Janmabhoomi-Shahi Eidgah Masjid dispute.

A bench led by Justice Sanjiv Khanna issued notice and agreed to review the special leave petition filed by the Management Committee of the Shahi Masjid Idgah. This petition challenges the dismissal of their application under Order VII Rule 11 of the CPC (Code of Civil Procedure).

The bench, including Justice Sanjay Kumar, stated that the plea will be heard the week of November 4, alongside other petitions concerning the Krishna Janmabhoomi-Shahi Eidgah Masjid dispute. The court advised the mosque management committee to address the preliminary objection on maintainability, as the judgment from the single-judge bench is appealable to a division bench of the high court.

The Supreme Court clarified that the special leave petition does not prevent the Allahabad High Court from proceeding with the suits filed by Hindu worshippers.

On August 1, the Allahabad High Court had dismissed the mosque committee’s argument that the suits were barred by statutes such as the Places of Worship Act, 1991, the Limitation Act, the Specific Relief Act, the Waqf Act, and the CPC. Justice Mayank Kumar Jain had noted that the suits involve complex questions of fact and law about the religious character of the disputed property, requiring further examination of evidence.

The suits seek to declare that the disputed land belongs to Lord Krishna and demand the removal of constructions by the defendants, with possession to be handed over to the Shri Krishna Janmabhoomi Trust. The Supreme Court is also considering a plea by the mosque committee challenging the High Court’s transfer of suit. IANS