The Allahabad High Court on Monday fixed 4 April for hearing a plea regarding maintainability of a suit seeking "removal" of the Shahi Idgah mosque in Mathura that stands adjacent to the Krishna Janmasthan temple.
The petition claims that the mosque has been built on a 13.37 acre piece of land of the Katra Keshav Deo temple.
After hearing the matter, justice Mayank Kumar Jain fixed the next date of hearing in the case on 4 April.
The counsel for the Muslim side, Taslima Aziz Ahmadi, appearing through video conference, submitted before the court that the suit is barred by limitation.
On Monday, the Muslim side concluded its arguments on their objection regarding maintainability of the suit.
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It was further submitted that the suit was filed for possession after "removal" of the structure of the Shahi Idgah mosque as well as for restoration of the Katra Keshav Deo temple and for permanent injunction.
The plea in the suit shows the structure of the mosque is there and the committee of management is in possession of the same.
"In this way a question/dispute has been raised on Waqf property and thus provisions of the Waqf Act will apply, and in such it is the Waqf tribunal that has the jurisdiction to hear the matter and not a civil court," argued Ahmadi.
After hearing her, the court asked her to conclude her arguments by the next date of hearing.
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