A court in Varanasi on Thursday disposed of a petition filed under Order 7 Rule 11 CPC against a title suit praying to hand over the possession of the Gyanvapi Mosque premises to Lord Vishweshwar Virajman (Swayambhu) and others.

The plea, filed by the committee managing the Gyanvapi Mosque called the Anjuman Masjid Committee, had challenged the maintainability of title suit filed by the Lord Vishweshwar Virajman (Swayambhu) through his next-friend and international general secretary of Vishwa Vedic Sanatan Sangh, Kiran Singh. The court of Civil Judge Senior Division Fast Track Court Mahendra Kumar Pandey fixed December 2 as the next date of hearing in the case.

Singh had sought permission to bar the entry of Muslims, hand over the premises to Hindus and worship the Shivling and perform Raag Bhog. Now the court has considered this matter as hearable.The court had heard the arguments of both the parties on October 15 and reserved its order on October 27. 

The temple town was turned into a fortress on Thursday, with heavy security arrangements around the court premises. The Vishwa Vedic Sanatan Sangh has welcomed the order.Everything belongs to the temple except the dome of Gyanvapi: Kiran SinghThe Counsels representing plaintiff Kiran Singh had argued that whether the suit was maintainable or not, the objection raised by the Anjuman Committee was a matter of evidence and trial. They said except the dome of Gyanvapi, everything belongs to the temple. When the trial will take place, only then will it be known whether it was a mosque or a temple.

Referring to the decision of Deen Mohammad, they said that there was no Hindu party in the case and therefore, it does not apply to the Hindu side. The Advocates for the Hindu side further contended that the Places of Worship (special provisions) Act, 1991 was not applicable in this case, as the structure did not show as to whether it was a temple or a mosque. The civil court has the right to conduct its trial, they added.

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They said it was a historical fact that Aurangzeb ordered the demolition of the temple and construction of a mosque. The Waqf Act did not apply to the Hindu side. As such, this suit was maintainable and the application filed by the Anjuman on the point of maintainability was liable to be dismissed.

The court had recently issued notice to the Archaeological Survey of India (ASI) and sought the opinion of the Director General on whether it was possible to safely determine the age of the ‘Shiva Linga’, which was allegedly discovered inside the Gyanvapi Mosque complex.

The High Court further ordered the Varanasi Court to set a date in the first week of December for the main lawsuit in the dispute, in which five Hindu women (plaintiffs) were requesting the right to worship Shringar Guari throughout the year inside the grounds of the Gyanvapi Mosque.

On the other hand, the Anjuman Masjid committee has termed the object discovered inside the mosque’s grounds as a “Fauwara” or fountain.

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