The Allahabad High Court on Wednesday adjourned its hearing in the Krishna Janmabhoomi-Shahi Idgah case and asked the Hindu side to file its reply on a plea challenging maintainability of the suit.
The development comes a day after the Supreme Court on Tuesday stayed the operation of high court order that allowed a court-monitored survey of the mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
On Wednesday when the matter was taken up, a copy of the apex court’s order was submitted in the high court.
Justice Mayank Kumar Jain said that an application (under Order 7 Rule 11 of the Civil Procedure Code) regarding maintainability of the suit has to be filed.
The court said the next date of hearing in the case will be fixed later.
On December 14, 2023, the high court allowed a court-monitored survey of the Shahi Idgah complex and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.
The mosque management committee had challenged the high court’s survey order in the top court.
On Tuesday, a bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of the high court’s December 14 order. However, the apex court made it clear that proceedings before the high court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the CPC will continue.