Allahabad High Court Declares Suit No. 17 as Representative Plea in Krishna Janmabhoomi–Shahi Idgah Dispute

In a significant development in the decades-old Krishna Janmabhoomi–Shahi Idgah mosque dispute, the Allahabad High Court on Friday allowed an application by the plaintiff in Suit No. 17 to treat the case as a representative suit for all other related legal proceedings.

The order, passed by Justice Ram Manohar Narain Mishra, paves the way for Suit No. 17 to be heard and decided first, with its outcome likely to influence the resolution of other similar cases.

The court permitted the plaintiff to make necessary amendments to the plaint under Order 1 Rule 8 of the Civil Procedure Code, enabling it to be treated as a representative suit. The application was filed in the context of a consolidated hearing of multiple original suits related to the disputed site in Mathura, where the Shahi Eidgah mosque stands adjacent to the Krishna Janmabhoomi temple.

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The Muslim side, represented by senior advocate Taslima Naseem, did not oppose the move. She, however, urged the court to stay proceedings in the remaining suits until a decision is reached in Suit No. 17 and requested that the eventual judgment be binding on all other cases.

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The court has scheduled August 22 as the next date for framing issues in the matter.

The Hindu petitioners have filed 18 suits over time, seeking possession of the land occupied by the Shahi Idgah mosque, removal of the mosque structure, restoration of the temple allegedly demolished during the Mughal era, and a permanent injunction.

The dispute centers around allegations that the Shahi Idgah mosque, built during Emperor Aurangzeb’s reign, stands on the birthplace of Lord Krishna. Hindu litigants contend that the mosque was constructed after demolishing a pre-existing temple at the sacred site.

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On August 1, 2023, the High Court had already ruled that the suits filed by Hindu worshippers were maintainable and were not barred by the Limitation Act, the Waqf Act, or the Places of Worship (Special Provisions) Act, 1991 — a major setback to the mosque committee.

Further, on October 23, 2024, the court dismissed an application by the Shahi Idgah mosque committee seeking to recall an earlier order dated January 11, 2024, which had consolidated all related suits for joint hearing.

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