A group of petitioners, whose plea to remove a mosque on the 13.37-acre premises of Katra Keshav Dev temple of Lord Krishna here was recently dismissed by a court, would challenge the decision in the district court, their counsel said on Saturday.
Source: PTI
Mathura:
The petitioners include Lucknow-resident Ranjana Agnihotri and five others.
The now-dismissed suit was filed in the court of civil judge, senior division, demanding the annulment of an earlier Mathura court ruling ratifying a land deal reached between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Idgah Management Committee.
Chhaya Sharma, civil judge in-charge, senior division, Mathura had dismissed the plea on September 30.
“We would appeal this in the court of district judge soon,” Hari Shankar Jain, the counsel for the plaintiffs said Saturday.
“Since the judgment is against several facts and law, a redressal would be sought from the court of district Judge Mathura,” he said.
In their original plea, the plaintiffs had sought that the order directing the mosque management to "remove the construction raised by them encroaching upon the land within the area of the Katra Ksehav Dev temple".
The court in the order, which was uploaded on its website on Saturday, has said that only Nyasis (members of the trust) or priests of the temple have the right to challenge any action of trustees in the court.
Since plaintiffs have filed the case as devotees of Lord Krishna, they are not entitled to file such cases.
There are unlimited devotees of Lord Krishna all over the world, the court said.
Legal and social system would be jeopardised if every devotee, this way, is allowed to file the case, the judgment passed by the court said.
Since the plaintiffs do not have the right to sue, there is no base to register the case and hence it deserved dismissal, the order stated.
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