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2023 Supreme(All) 1034

PRITINKER DIWAKER
Anjuman Intezamia Masajid Varanasi – Appellant
Versus
Rakhi Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.F.A. Naqvi, Puneet Kumar Gupta, Syed Ahmed Faizan, Zaheer Asghar, Fatma Anjum, Munnaur Hussain, Mumtaz Ahmad, Akhlaq Ahmad, Mehmood Alam, Poorva Agarwal, Vipul Dubey, Devendra Mishra.
For the Respondents: Ajay Mishra, Ashok Mehta, M.C. Chaturvedi, Kunal Ravi Singh, Vijay Shanker Mishra, Ishan Mehta, Ankit Gaur, Hare Ram Tripathi, Manoj Kumar Mishra, Ishan Dev Giri, Shashi Prakash Singh, Manoj Kumar Singh, Purnendu Kumar Singh, Vishnu Shanker Jain, Prabhash Pandey, Saurabh Tiwari, Vineet Sankalp.

JUDGMENT :

PRITINKER DIWAKER, C.J.

1. The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 21.7.2023 passed by the District Judge, Varanasi in Original Suit No. 18 of 2022 (693/2021) (Rakhi Singh and Others vs. State of Uttar Pradesh and Others). It has been prayed that this Court may direct the court below not to proceed any further in pursuance of the impugned order dated 21.7.2023.

2. By the order impugned dated 21.7.2023, the Court below allowed the applications 327C and 330C of the plaintiffs and issued the following directions:

    “(a) The Director of ASI is directed to undertake the scientific investigation/survey/ excavation at the property in question i.e. at Settlement Plot No. 9130 in the case excluding the areas sealed by the Hon’ble Supreme Court vide order dated 17.05.2022, 20.05.2022 as well as vide order dated 11.11.2022 in SLP (C) No. 9388/2022 titled as Committee of Management Anjuman Intejamia Masajid Varanasi vs. Rakhi Singh and Others.

(b) The Director of ASI is also directed to conduct a detailed scientific investigation by using GPR Survey, Excavation, Dating method and other modern techniques of the present s

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