A view of the Krishna Janmasthan Temple Complex and Shahi Eidgah Mosque in Mathura. File | Photo Credit: ANI
The Allahabad High Court on Wednesday rejected a plea filed by the Sunni Central Waqf Board to recall its January 11 order on consolidating 15 suits filed by the Hindu side in the Mathura-based Krishna Janmabhoomi-Shahi Idgah dispute.
“The court has inherent power under Section 151 of the Code of Civil Procedure which allows the court to order consolidation of suits in case the situation so demands. Essentially, an order for consolidation of suits is to secure the ends of justice and to prevent the abuse of process of court,” Justice Mayank Kumar Jain said in an order.
The Muslim side’s plea which had sought recall of the order contending that the matter is at a premature stage and cases should not be consolidated before framing of issues and collecting evidence was rejected.
The court noted that consolidation of cases that have substantial and sufficient similarities of the issues arising out of two or more suits, can also save the parties from delay and multiplicity of proceedings.
Opposing the application filed by the Sunni Central Waqf Board and three others, the advocates for the Hindu side submitted that the property, relief demanded and defendants were all the same in most of the cases, and hence it was the domain of the court to consolidate the cases and no party had the right to challenge the same.
The High Court had on August 1, 2024, ordered the framing of issues but it has not been done so till now.
The court set November 6 as the next hearing date.
Published – October 23, 2024 11:03 pm IST
