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2022 Supreme(SC) 1490

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Committee of Management Anjuman Intezamia Masajid Varanasi – Appellant
Versus
Rakhi Singh – Respondent


Advocates appeared:
Mr. Huzefa A. Ahmadi, Sr. Advocate, Mr. Fuzail Ahmad Ayyubi, Advocate, Mr. Nizamuddin Pasha, Advocate, Mr. Ibad Mushtaq, Advocate, Ms. Kanishka Prasad, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Ajay Mishra, Advocate, Gen. Mr. Ardhendumauli Kumar Prasad, AAG, Ms. Garima Prashad, Sr. Advocate, Mr. Sharan Dev Singh Thakur, AAG, Ms. Ruchira Goel, Advocate, Mr. Barun Kumar Shinha, Advocate, Ms. Pratibha Shihha, Advocate, Ms. Baby Devi Bonia, Advocate, Mr. Abhishek, Advocate, For the Respondent.

ORDER

1 The orders of the Civil Judge, Senior Division, Varanasi dated 18 August 2021, 5 April 2022 and 8 April 2022 were questioned before the Single Judge of the High Court of Judicature at Allahabad in a petition under Article 227 of the Constitution[1]. The Single Judge by an order dated 21 April 2022 rejected the petition.

    [1] Matters under Article 227 No. 2946 of 2022

2. In pursuance of the order of the Trial Judge, the Commissioner commenced executing the work of the Commission on 14 and 15 May 2022.

3. During the course of the execution of the work of the Commission, an application was moved before the Trial Judge on 16 May 2022 by counsel for the plaintiffs stating as follows :

    "Sir

    Today on 16.05.2022, a Shivalinga is found in Masjid Complex at the place where Waju Khana is there..

    This is a very important piece of evidence.

    Kindly make the following directions -

    1.. Direct the C.R.P.F. Commandant to seal the Waju Khana with proper force.

    2.. Kindly direct the District Magistrate to restrict entire of Muslims for offering Namaz.

    Not more than 20 Muslims be allowed to offer Namaz.

    3.. Kindly stop the usage of Weju Khana with immediate effect."

4.. On the above application, the followin

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