The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.

JUDGMENT :

Mayank Kumar Jain, J.

Heard S/Sri C.S. Vaidyanathan, learned Senior Counsel, Hari Shanker Jain, Vishnu Shanker Jain, assisted by Ms. Mani Munjal and Mr Parth Yadav, Rahul Sahai, learned Senior Counsel, Anil Kumar Airi, learned Senior Counsel, Mahendra Pratap Singh, Saurabh Tiwari, Ajay Kumar Singh, Hare Ram Tripathi, Prabhash Pandey, Pradeep Kumar Sharma, Vinay Sharma, Gaurav Kumar, Siddharth Srivastava, Anil Kumar Singh, Ashish Kumar Srivastava, Ashvanee Kumar Srivastava, Satyaveer Singh, Dr. Dharmesh Chaturvedi, Arya Suman Pandey, Rama Nand Gupta, Harshit Gupta, Saurabh Basu, Gopal Srivastava, Anil Kumar Bisen, Ajay Pratap Singh, Rana Singh, Amit Kumar, Naman Kishore Sharma, Jawahar Yadav, Kumar Beenu Singh, Aniruddh Tiwari, Ugrasen Kumar Pandey, Radhey Shyam Yadav, Brahm Kumar Tiwari, Mayank Singh, Tejas Singh, Alok Dubey, Kumar Anish, A. K. Malviya, Amitabh Trivedi, Rajesh Kumar Shukla, Mrs. Rama Goyal Bansal and Mrs. Reena N Singh, learned Counsel for the plaintiffs. S/Sri Rajendra Maheshwari, Advocate and Ashutosh Pandey, appearing in person.

Mrs. Tasneem Ahmadi, S/Sri Mehmood Pracha, Nasiruzzaman, Pranav Ojha, Hare Ram Tripathi, Manoj Kumar Singh, Afzal Ahmad, Tanveer Ahmad and Imran, learned Counsel for the defendants.

2. Original Suits No. 1 to 18 of 2023, which were filed by respective plaintiffs before the Court of Civil Judge (Senior Division), Mathura, stand transferred to this Court, pursuant to order dated 26.5.2023 passed by this Court in Transfer Application (Civil) No. 88 of 2023 (Bhagwan Shrikrishna Virajman and 7 others v. U.P Sunni Central Waqf Board and 3 others).

3. Original Suits No. 17 and 18 of 2023, stand transferred to this Court, pursuant to order dated 16.11.2023 passed in Original Suit No. 1 of 2023 on the basis of the report submitted by the District Judge, Mathura.

4. Vide order dated 6.10.2023 passed by Hon'ble the Chief Justice, Allahabad High Court, these suits were nominated to this Bench.

5. Committee of Management, Trust Alleged Shahi Masjid Idgah (hereinafter referred to as 'the Committee') and U.P. Sunni Central Waqf Board (hereinafter referred to as 'the Waqf Board'), arrayed as defendants in OSUT No. 1 of 2023 (Bhagwan Shrikrishna Virajman At Katra Keshav Dev Khewat No. 255 and 7 others v. U.P. Sunni Central Waqf Board and 3 others), have filed applications (numbered as A-17, A-18 and A-37) under Order VII Rule 11 (d) read with Section 151 of the Civil Procedure Code, 1908 (for short, the CPC') inter alia, praying to reject the plaints as suit filed by the plaintiffs is barred by the provisions of various statutes.

6. During the pendency of the above applications, an application under Order XXVI Rules 9 and 10 read with Section 151 of the CPC was moved on behalf of the plaintiffs in OSUT No. 1 of 2023 for appointment of a panel of three advocates as commission, seeking the following relief :

''A. Appoint a commission consisting of three advocates with direction to submit report in the light of the averment made in the suit and in this application and that entire commission proceeding be photographed and video-graphed and the report be submitted in the time provided by the Hon'ble Court;

B. Police protection may be directed to be provided by the District administration and to maintain law and order situation during the survey proceeding.''

7. The matter was heard by this Court on the following issues :

a. Whether an application for rejection of plaint should be decided prior to the application for appointment of a commission.

b. Application for appointment of commission under Order XXVI Rules 9 and 10 of the CPC. (Application No. 130 C)

8. This Court, vide its order dated 14.12.2023, concluded that an application for appointment of commission can be decided first in order and, therefore, allowed such application. It was also observed that the modalities and composition of the commission would be decided after hearing learned Counsel for the parties for such purpose.

9. Aggrieved by this