The Lucknow bench of Allahabad High Court on Monday sought response of the Hindu side to a petition challenging a lower court's 2017 order holding a suit seeking possession of Lord Shesh Nagesh Teelshwar Mahadev Mandir at Laxman Teela along Gomti river in the city maintainable for hearing.
The temple is said to be situated in close vicinity of Teele Wali Masjid at Laxman Teela.
A bench of Justice Manish Mathur passed the order on the petition moved by Maulana Sayyed Shah Fajlul Mannan. The petitioner has challenged the order of the civil judge (senior division) south, Lucknow issued on September 25, 2017.
The civil judge had rejected a plea of the Muslim side seeking to quash the civil suit. The Muslim side then moved a revision petition before the additional district judge who too dismissed its plea. Against these orders, the petitioner has now approached the high court.
In February this year, additional district judge Prafulla Kamal ordered the case file to the civil judge (senior division) south for adjudicating the issues regarding possession of the temple in accordance with law.
Kamal passed the order after rejecting the revision petition filed by the Sunni Central Waqf Board pleading that the suit was time barred under the Right to Worship Act, 1991. The judge, however, upheld the order passed by the civil judge (senior division) south on September 25, 2017 whereby the lower court had already said that the suit in question was maintainable to be decided on merit.
Opposing the plea, the Hindu side submitted that the Right to Worship Act was not applicable in the instant case and hence the suit is not time barred.
In 2013, the civil suit was filed in the court of civil judge (senior division) south. It has been alleged in the suit that persons of a particular community have been damaging the purported temple.
The suit has been filed in the name of deity that is Lord Shesh Nagesh Teelshwar Mahadev Mandir. The plaintiff – Hindu side - has demanded the possession of the temple and also sought permission to worship there.
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