Move application for survey before civil judge: District court tells Hindu parties in Tilewali Masjid case

Lucknow: A local court on Tuesday said that if the Hindu parties want to move an application for the appointment of a commission to survey the Tilewali Masjid here, they may approach the civil judge before whom the regular suit pertaining to the issue is already pending.

The order came from the district court while hearing a civil revision petition by the Muslim side that challenged the order passed on September 25, 2017, by the civil judge declining to reject the regular suit entirely.

The regular suit was filed by Lord Shesh Nagesh Tileshwar Mahadev in the court of civil judge (junior division) South in the state capital in 2013.

In the suit, it is claimed that there is a temple of Lord Shesh Nagesh at Tilewali Masjid in Lucknow and it was being damaged by the defendants.

The plaintiff had demanded ownership right on the premises and also permission to offer prayers at the site.

When the regular suit was filed, it was opposed by the Muslim side which claimed that the suit was time-barred.

After hearing the parties, the civil judge declined to reject the entire suit on September 25, 2017.

Maulana Syed Shah Fazlur Rahman then moved the district judge on October 11, 2017, filing a civil revision against the order. Meanwhile, the Hindu parties moved an application before the district judge seeking the appointment of a Commission to survey the premises, so that the site could be protected.

Additional District Judge Kalpana said that the application could be filed before the civil judge because the regular suit is still pending before it.

The ADJ, however, fixed July 2 as the next date for hearing the revision petition.