[Gyanvapi-Kashi Vishwanath dispute] Suit filed by Hindu party seeking possessory rights is maintainable: Varanasi Court

A Varanasi Court on Thursday held that, suit filed by Hindu parties seeking possessory rights over Gyanvapi Mosque is maintainable [Bhagwan Adi Vishweshwar Virajman & Ors v State & Ors]..The Muslim party to the case, Anjuman Masjid Committee had filed an application under Order 7 Rule 11 Code of Civil Procedure (CPC) challenging the maintainability of suit.Civil judge (senior division) Mahendra Kumar Pandey today passed the order holding it to be maintainable.The case has been put for further hearing on December 2. .The suit filed by Kiran Singh, who is the international general secretary of Vishwa Vedic Sanatan Sangh (VVSS) seeks the following reliefs:possession of the entire Gyanvapi complex be handed over to the Hindus;plaintiffs be allowed to offer their prayers to Swayambhu Jyotirlinga Bhagwan Vishweshwar and worship the 'Shiva Linga' reportedly found inside the Mosque premises on May 16..The present suit is different one and not connected with suit filed by 5 Hindu women worshippers seeking all-year-round rights to pray inside the Gyanvapi Mosque, which is pending before the Varanasi court..The district court in October had refused a the plea filed by by 4 Hindu parties seeking directions to the ASI to conduct a scientific investigation to ascertain whether the object found during the survey of the Gyanvapi Mosque premises is a Shivalinga or a fountainThe judge cited the Supreme Court order which had directed sealing of the place where the Shivalinga was found.In light of that, the judge ruled that no scientific investigation can be allowed..The Gyanvapi dispute started when Hindu devotees approached a civil court claiming the right to worship inside the premises of the Gyanvapi Mosque, on the ground that it was a Hindu temple and still houses Hindu deities.The civil court ordered a survey of the Mosque by an advocate commissioner. The advocate commissioner then conducted the video graphed survey and submitted a report to the civil court..The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved.The District Court, on September 12, held that the suit was not barred under the Places of Worship (Special Provisions) Act, 1991.The Hindu parties then moved the present application before the Court seeking carbon dating..[Read Order]