SC to hear pleas on October 20, says will await decision of Varanasi judge

New Delhi: The Supreme Court on Thursday said that it will await the Varanasi district judge's decision on the Gyanvapi mosque committee's application raising objections to the maintainability of the civil suit filed by Hindu devotees.

The top court also refused to entertain two writ petitions that sought its permission to worship the Shivling', which is claimed to be found in the Gyanvapi mosque premises during a court-ordered survey and carbon dating of the Shivling' to ascertain its age.

A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha said that it is posting for October 20 hearing on the appeal of the Gyanvapi mosque committee's plea against the Allahabad High Court order upholding the appointment of a court commissioner to survey the site.

The bench said that it has been apprised of the fact that proceedings before the District Judge are still underway and it would be appropriate if the appeal of the mosque committee is kept pending till the outcome of the application filed under Order 7 Rule 11 questioning the maintainability of the suit.

"The Court has been apprised of the fact that the application under Order VII Rule 11 of the Code of Civil Procedure 1908 is being argued before the District Judge, Varanasi, and the proceedings on the application are pending. In the above situation, further hearing of these proceedings shall await the outcome of the proceedings before the District Judge. List the Special Leave Petition on October 20, 2022", the bench said.

During the hearing, the bench told senior advocate Huzefa Ahmadi appearing for the Committee of Management of Anujman Intezamia Masajid, Varanasi, that it will keep the proceedings on the appeal filed by it pending till the District Judge adjudicate upon the objections filed by the mosque committee on the maintainability of the suit under Order 7 Rule 11 of CPC.