A local civil court is likely to pass orders on September 1 on the maintainability of the suit seeking injunction against Juma Masjid, Malalipete, here, from dismantling the old tiled-cum-historical monument that has a temple-like structure.
Third Additional Civil Judge and JMFC, Nikita Akki, heard counsels for plaintiff Dhananjay and defendant Juma Masjid on August 17. The judge accepted their written arguments and citations on August 22 and posted to September 1 for orders on interim applications (IA) 3 and 4 filed by Juma Masjid.
Contending that the old building of the masjid has temple-like structure, Mr. Dhananjay filed the injunction suit before the Civil Judge Court. On April 22, the court granted temporary injunction restraining Juma Masjid from demolishing the said old structure.
The counsel for Mr. Dhananjaya filed IA under Order 26 Rule 9 and 10 (A) of the Civil Procedure Code seeking appointment of court commissioner for local inspection of the said structure.
In turn, counsel for the masjid filed IA 3 and 4 under Order 7 Rule 11 of CPC seeking dismissal of the suit as it is not maintainable under Section 4 (1) and (2) of the Places of Worship (Special Provision) Act. Moreover, the State government on July 21, 2016 notified the property as wakf property, the masjid contended.
The court on June 6 decided to hear IA 3 and 4 first and deferred hearing on other IAs. Dhananjay filed a writ petition before the Karnataka High Court seeking quashing this decision.
Upholding the decision of the lower court, Justice Sachin Shankar Magdum, in his order dated July 15, said the lower court judge has exercised judicial discretion and deferred hearing on IA seeking appointment of court commissioner for local inspection. As the judge has acted within defined parameters of law there was no scope for exercising supervisory power under Article 227 of the Constitution, Justice Magdum noted.
