The Supreme Court on Tuesday dismissed a petition moved by the Committee of Management Trust Shahi Masjid Idgah against Allahabad High Court order to consolidate fifteen suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
A bench of Justices Sanjiv Khanna and Dipankar Datta noted that an application to recall the said order is pending before the Allahabad High Court.
The court granted liberty to the Mosque Committee come back to the top court again they are not satisfied with the outcome of the pending plea.
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In May 2023, the Allahabad High Court transferred all the suits pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute to itself.
On January 16, the top court stayed execution of Allahabad High Court order on Shahi Idgah survey In the Krishna Janmabhoomi case, and issued notice while allowing the proceedings before the Allahabad High Court to continue. The top court then extended the stay on January 29.
Several separate petitions were filed in lower courts in Mathura. The petitions sought removal of the Shahi Idgah Masjid from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.
The petitioners have claimed that the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura holds signs that suggest that it was a Hindu temple once.
Some petitioners have claimed that the mosque was built on temple land during the reign of Mughal emperor Aurangzeb. They claimed that the mosque was built in 1669-70 in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna.
The petitioners from muslim side moved the apex court challenging the Allahabad High Court move and argued that the high court transferred all suits to itself, even though no transfer applications were filed for all those petitions.