By PTI
Prayagraj (UP): In yet another litigation related to mosque-temple disputes, the Allahabad High Court is likely to hear next week a petition filed by the management committee of Jaunpur’s Atala Mosque against the orders of the lower court allowing registration of a suit which claimed that the structure was originally a Hindu temple.
The suit was filed before a Jaunpur court by the Swaraj Vahini Association (SVA) and Santosh Kumar Mishra. It sought the “disputed” property be declared ‘Atala Devi Mandir’ and followers of the Sanatan religion be allowed the right of worship there.
On November 8, Justice Rohit Ranjan Agarwal directed SVA and Mishra to file their reply within three weeks to the plea by the mosque committee and asked the petitioner to file a rejoinder affidavit within a week.
In the suit, the SVA had prayed for the possession of the structure and sought a mandatory injunction to restrain non-Hindus from entering the property. The plaintiffs had also sought permission to sue under Order 1 Rule 8 CPC in a representative capacity.
Under Order 1 Rule 8 of the Code of Civil Procedure (CPC) dealing with a representative suit, one or more persons can sue or defend on behalf of all persons having the same interest in a suit.
This prayer was allowed in May this year and the same was upheld by an order of the District Judge in August this year. Both the orders have been challenged in the petition before the High Court.
This story was originally published in deccanherald.com. Read the full story here.
