Court to decide maintainability of original plaint

Varanasi, May 24 (UNI) In the Gyanvapi mosque complex case, the District and Sessions Court will first hold hearing on the maintainability of the plaint filed seeking permission for worship at Shringar Gauri Sthal located in the complex on May 26.
District Judge Ajay Krishna Vishvesha on Tuesday said that in compliance with directive of the Supreme Court it is necessary that the court should consider the application of the respondents on whether the case related to Shringar Gauri could be heard or not
This breaks down to “whether its maintainable or not on priority basis”, he said.
The court has fixed May 26 as the date of hearing on the application moved by the Intezamia Committee under Order VII Rule 11 Code of Civil Procedure (CPC).
In addition to this, the court gave seven-day time to various parties to file objections on the court appointed-Commission’s report on videography survey of the functional mosque in the Kashi Vishwanath complex.
The Intezamia Committee had argued that in the light of Places of Worship (Special Provision) Act 1991, the application cannot be heard in the court.
The application in this regard was moved under Order VII Rule 11 CPC. There is a provision in the court to maintain the shape of the religious places as they were on August 15, 1947.

As per the order of the District Judge in the light of the order passed by the top court on May 20 the interim order issued by the apex court on May 17 inviting objections on the commission report is effective at present.
The District Judge has stated that the Supreme Court has directed to dispose of the application whether the plaint should be heard or not on priority basis only after that other applications could be disposed of.
The District Judge has given details of the action taken by the court of Civil Judge (Senior Division) Ravi Kumar Diwakar in this case and hearings in the Allahabad High Court and the Supreme Court.
On May 20, the Supreme Court transferred the case related to plea for worship at Gyanvapi mosque for consideration by the District Judge in Varanasi, saying in a view of complexity of matters, a senior and experienced judicial officer of the Uttar Pradesh Higher Judicial Service should examine it.
The apex court said that the District Judge should examine the maintainability of suit on priority as sought by the Committee of Management Anjuman Intezamia Masjid Varanasi. It said that unless due arrangements have been made for wazoo (ablution), the District Magistrate must consult the parties and make appropriate arrangements.
The interim order was passed on May 17, after the videography survey on the same day purportedly revealed Shivling-like structure inside the wazookhana of the mosque. A ban on movement inside the structure was ordered to ensure security of the site in light of the discovery.

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