Krishna Janmabhoomi case: Allahabad HC reserves order on application seeking recall of suits’ consolidation

In the matter of Shri Krishna Janmabhoomi-Shahi Eidgah dispute at Mathura, the Allahabad high court on Wednesday reserved its order on an application filed by the Muslim side by which a prayer to recall the court’s order dated January, 11, 2024 consolidating all suits filed by Hindu side was made.

Justice Mayank Kumar Jain is hearing 18 suits related to Shri Krishna Janmabhoomi-Shahi Eidgah dispute.

On Wednesday, when the matter was taken up, appearing on behalf of the Muslim side, advocate Tasneem Ahmadi submitted that order dated January 11, 2024 has to be recalled.

Her plea was that because of consolidation, they will be deprived of their right to oppose all cases. “It is a premature stage. Cases should not be consolidated before framing of issues and collecting evidence,” she said.

Opposing the application, the Hindu side submitted that once the court was of the opinion that reliefs were same, property was same and defendants were same, it was the domain of the court to consolidate the cases and none of the party had the right to challenge the same.

It was also submitted that by such objection, the only purpose was to delay the proceedings. The high court by its order dated August 1, 2024, had ordered framing of issues but till date no issues are framed and court is only hearing on various applications filed by the Muslim side, the Hindu side submitted.

Advocate Hari Shanker Jain, appearing for Hindu side, said that consolidation did not mean that the right to contest all the cases will be stopped. “Consolidation of cases is discretionary power of the court and it cannot be changed by any one,” he said.