The Supreme Court on Monday deferred hearing till December 1 on pleas concerning the Kashi Vishwanath-Gyanvapi mosque land title dispute.
A Bench headed by Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra could not take up the matter for hearing due to paucity of time. The Bench asked the parties to file a one-page note in the meantime.
The Anjuman Intezamia Masjid Committee, which manages Gyanvapi Mosque in Varanasi, has filed three different pleas in the Supreme Court.
In its first petition, an objection has been made against the appointment of a court commissioner to survey the Gyanvapi-Gauri Shringar complex saying that the order by the Varanasi court is ex-facie without jurisdiction.
Senior Advocate Huzefa Ahmadi, appearing for the mosque committee, said that the appointment of commissioner is not âcorrectâ in terms of Order XXVI Rule 9 of CPC (Code of Civil Procedure).
The second Special Leave Petition challenges the order of the Allahabad High Court allowing the ASI (Archaeological Survey of India) to survey the premises of the Gyanvapi mosque, except for ‘wuzu khana’.
The Supreme Court on August 4 had refused to pass any interim order staying the survey process after Solicitor General Tushar Mehta undertook that no excavation would be made at the site.
However, the apex court had earlier stayed another order of the High Court directing the ASI to carry out a “scientific survey” of the “Shivling” purportedly discovered in the Gyanvapi mosque to ascertain its age.