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Krishna Janmabhoomi-Shahi Eidgah case: HC refuses to recall order on consolidating all suits

PRAYAGRAJ The Allahabad high court on Wednesday rejected an application by the Shahi Eidgah Mosque to recall the court’s January 11 order that consolidated all suits of the Hindu side filed in the Krishna Janmabhoomi-Shahi Eidgah dispute of Mathura.
Justice Mayank Kumar Jain had on October 16 reserved the order after hearing all sides. On Wednesday, he delivered a 24-page decision in Hindi.
Rejecting the plea of the Muslim side, Justice Jain said by consolidating all suits, the precious time of the court would be saved. It will also save expenses of litigants and help ensure smooth hearing and expeditious disposal. In addition to it, the consolidation of all suits will help avoid conflicting orders and decision on different suits.
Now, the January order will remain intact, allowing for a unified legal process for all the 18 cases related to the disputed land, which holds religious significance for both the Hindu and Muslim communities.
Earlier, while moving an application on behalf of the Muslim side, Tasneem Ahmadi, a Supreme Court lawyer, had sought recall of the January 11 order (by which all the cases were consolidated) contending that the matter is in a premature stage and cases should not be consolidated before framing of issues and collecting evidence.
Opposing the application, counsel for the Hindu side Hari Shankar Jain had argued that once the court is of the opinion that reliefs sought in the suits are same, property is same and further that defendants are same, it is the domain of the court to consolidate the cases and none of the party has right to challenge the same.

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