JUDGMENT :

1. Heard Shri W.H. Khan, learned Senior Counsel along-with Shri S.F.A., Naqvi, learned Senior Counsel assisted by Shri Punit Kumar Gupta, Ms. Poorva Agarwal and Shri Nasiruzzaman, learned counsel for the petitioner in both the petitions and Mrs. Garima Prasadh, learned Senior Counsel/Additional Advocate General of State of U.P. along-with Ms. Priyanka Swami, Ms. Ritu Bhardawaj, Ms. Pooja Agarwal, Mr. Prabhash Pandey and Mr. Pradeep Sharma, learned counsel on behalf of contesting respondents namely respondent nos. 1 to 8, Shri Kamlesh Narayan Pandey, learned counsel appearing on behalf of respondent no.10 namely Sri Krishna Janam Bhumi Trust, Mathura, Through the Managing Director and Shri Birendra Prasad Maurya, learned counsel appearing on behalf of respondent no.11 namely Sri Krishna Janam Asthan Sewa Sansthan, Through its Secretary.

2. The above petitions have been filed under Article 227 of the Constitution of India challenging the judgment and order dated 19.05.2022 passed by District Judge Mathura in Civil Revision No. 02/2021 (Bhagwan Sri Krishna Virajman us. UP Sunni Central Waqf Board and others) by which the judgement and order dated 30.09.2020 passed by the Civil Judge (Senior Division), Mathura in Misc. Case No. 176 of 2020 has been set aside. Common questions are raised and thus, both the matters are taken up together and are being disposed of by a common order with the consent of the parties.

3. The brief facts of the case are that a regular Civil Suit was filed on 25.09.2020 by the Respondent nos. 1 to 9 herein/Plaintiffs before the Court of Civil Judge (Senior Division), Mathura claiming right over the property in dispute situated at Katra Keshav Dev measuring 13.37 acres which according to the Plaintiffs is birthplace of Lord Krishna and for removal of the structure standing thereat and prayed for issuing decree in the nature of declaration, mandatory and prohibitory injunction and also for cancelling the alleged fraudulent compromise decree dated 20.07.1973 and 07.11.1974. The following reliefs were sought :

(a) decree the suit in favour of Plaintiffs and against the Defendants, cancelling the judgment and decree dated 20.07.1972 and Judgment and decree dated 07.11.1974 passed in Civil Suit no. 43 of 1967 by Ld. Civil Judge Mathura;

(b) declare that the judgment and decree dated 20.07.1973 and the judgment and decree dated 07.11.1974 and passed in Civil Suit No. 43 of 1967 by Ld. Civil Judge, Mathura is not binding on the Plaintiffs;

(c) Decree the suit for declaration declaring that land measuring 13.37 acres of Katra Keshav Dev shown by letters A,B,C,D and the site plan vest in the deity Lord Shree Krishna Virajman:

(d) Decree the suit for mandatory injunction in favour of the Plaintiffs and against the Defendants no. 1 and 2 directing them to remove the construction raised by them encroaching upon the land shown by Letters No.E,B,G,F in the site plan within the area of Katra Keshav Dev City Mathura and to handover vacant possession to Shree Krishna Janmabhoomi Trust within the time provided by the Hon'ble Court;

(e) Decree the suit for prohibitory injunction restraining defendant No.1 and 2, their workers, supporters, men, attorneys and eerie person acting under them from entering into premises of 13.37 acres land at Katra Keshav Dev, City and District Mathura;

(f) The Hon'ble Court may pass any other decree for which Plaintiffs are found entitled to or which may be necessary to be passed in the interest of justice;

(g) Award the costs of the suit."

4. When the suit was presented before the Civil Judge (Senior Division) on 25.09.2020, the Civil Judge (S.D.), did not register the suit as a civil suit and in turn registered the case as a Miscellaneous case on the ground that the Plaintiff Nos. 3 to 8 are not residents of Mathura whereas the property in question is situated in District Mathura. The Civil Judge (S.D.), instead of registering the suit passed order treating it as Misc. Case No. 176 of 2020 and f