The Supreme Court on December 15 refused to stay an Allahabad High Court order allowing a court-monitored survey of the Shahi Idgah adjoining the Krishna Janmabhoomi temple in Mathura.
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A Bench headed by Justice Sanjiv Khanna said it should not be expected to order a stay on the strength of an oral plea. The Bench asked the Committee of Management Trust Shahi Masjid Idgah to challenge the High Court decision by filing a proper appeal.
“How can we stay an order which is not before us? You challenge the order, then we will see...” Justice Khanna told senior advocate Huzefa Ahmadi, appearing for the committee.
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Mr. Ahmadi said the High Court order was uploaded late Thursday evening and hence they could not file an appeal.
The High Court had on Thursday allowed a court-monitored survey of the Shahi Idgah and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises.
The apex court went on further to defer to January 9 a case filed by the committee challenging another order of the High Court on May 26 order, transferring to itself all matters related to the dispute pending before a Mathura court.
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On November 10, the top court had refused to stay the proceedings before the High Court on suits related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute, saying it would not be appropriate for it to interfere with the High Court order without hearing both sides.
In Mathura, Bal Krishna through Hindu Sena chief Vishnu Gupta and others had filed a suit in the court of Civil Judge Senior Division (III) for shifting of the Shahi Masjid Idgah, which they claim was constructed on a part of the 13.37 acre land of the Sri Krishna Janmabhoomi Trust.
In Mathura, Bal Krishna through Hindu Sena chief Vishnu Gupta and others had filed a suit in the court of Civil Judge Senior Division (III) seeking shifting of the Shahi Masjid Idgah, which they claim was constructed on part of the 13.37 acre plot belonging to the Sri Krishna Janmabhoomi Trust. z