Malali Masjid case: Court to adjudicate first on maintainability of the suit

Malali Masjid case: Court to adjudicate first on maintainability of the suit

Mangalore Today News Network

Mangaluru, Mar 16, 2024: As directed by the High Court, the 3rd Additional Civil Judge and JMFC, Mangaluru court has decided to first adjudicate on the maintainability of the suit against Juma Masjid Malalipete by considering it as a preliminary issue.

 

In the order passed on Thursday, March 14, the Judge made note of the order of the High Court dated January 31, 2024, wherein the High Court directed the civil court to frame the maintainability of the suit as the preliminary issue along with other issues. The High Court further directed the civil court to try the preliminary issue first before considering other issues.

The Judge said: “Hence, the IA.No.6 filed under Order 25 rule 9 and 10(A) of Civil Procedure Code has to be kept in abeyance till the preliminary issue which ought to be framed is adjudicated and decided as the very maintainability of the suit is in question”. The interim application no. 6 was filed by Malali resident Dhananjay and another resident seeking appointed of court commissioner for survey of masjid.

The court has posted the case to March 21 for filing of written statement by Juma Masjid.

Dhanajay and Manoj Kumar filed in 2022 the original suit for perpetual injunction to restrain Juma Masjid, Malalipete, from going ahead with demolition of the existing structure as they have noticed portion of an old temple in it. The Masjid filed two interim applications seeking dismissal of the suit on the ground that it is not maintainable under Section 4 (1) and (2) of the Places of Worship (Special Provision) Act and that the Karnataka Government notified Juma Masjid as wakf property on July 21, 2016, . The court dismissed the two applications on November 9, 2022. The Majid filed civil revision petition before the High Court against the lower court’s order.