Gyanvapi - Kashi Vishwanath case: Varanasi Court allows consolidation of eight suits

A Varanasi court on Monday allowed an application seeking to consolidate eight suits pending before it in relation to the Gyanvapi mosque dispute [Bhagwan Aadi Vishweshwar Viraajman & Ors.]. .District Judge Ajay Krishna Vishvesha observed that the subject-matter, the points raised for determination and the reliefs sought in all the cases were almost similar.The Court also reiterated its earlier observation that if the cases remain pending in different courts, there is a possibility of contradictory orders being passed in them.."In all these cases, the subject-matter and the points raised for determination are almost similar. The reliefs sought by the applicants in all these cases are also similar in nature. It was also observed by this Court in Order dated 17.04.2023 that if all these cases shall remain pending in different courts then there is possibility that contradictory orders may be passed in all these cases whereas if all these cases shall remain in one court then there will be no possibility of passing contradictory judgments and orders in all these cases," the Court said..The counsel for the applicants stated that in Uttar Pradesh, the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, a new order 4A was inserted in the the Code of Civil Procedure (CPC) for consolidation of suits and proceedings.Accordingly, he sought consolidation of the suits under the order as the subject-matter, the points raised for determination and the reliefs sought in all the cases were similar..On the other hand, the plaintiffs opposed the application, contending that it should not be heard as the applicants were parties in another suit that was sought to be consolidated, and not in this suit. .The Court took note of the Supreme Court's order that had observed that if an application was made before the District Judge, Varanasi, in respect of similar suits, it would be open to him to determined whether consolidation was warranted.Accordingly, the Court allowed the application and directed all suits to be tried together..The Gyanvapiu case began when Hindu devotees approached a civil court seeking the right to worship inside the Gyanvapi Mosque, claiming that it was a Hindu temple and still houses Hindu deities.The civil court ordered a survey of the Mosque by an advocate commissioner, who then videotaped the premises and submitted a report to the civil court. The report, among other things, stated that an object similar in appearance to a Shivling was found.The matter was later transferred to the District Court, Varanasi on orders passed by the Supreme Court..[Read Order]