154. The F.A.FO. No. 17 of 1977 was decided on 23.3.1987. This Court directed that record of all the four
suits pending in the lower Court be placed before the District Judge, Faizabad, who will arrange to transfer all
the suits to an Additional District Judge, Faizabad who may not be transferred out of Faizabad for about 18
months and that Addl. District Judge shall try these suits as early as possible. The stay orders in those suits
were vacated. However the site position continued as such in view of 174
interim order dated 3.2.1986 passed in Writ Petition No. 746 of 1986 by this Court.
155. The State Government on 15.12.1987 moved an application no. 29 of 1987 under Section 24 read with
151 C.P.C. requesting this Court to withdraw all the suits pending in the Court below at Faizabad for trial and
disposal by this Court. Another Application No. 11 of 1989 for similar relief was filed in February 1989 on
the administrative side requesting for early disposal of the applications filed under Section 24 C.P.C. The
Government said that though the dispute is purely of civil nature but it has assumed importance in the context
as it sometimes excites religious sentiments and generates tension between two communities. Since the State
was concerned in preserving amity and brotherly relations between the two communities and, therefore, early
disposal was necessary. These two applications were taken up for hearing on 23.2.1989 but could not be
concluded.
156. When the said matter was pending, Suit-5 was filed as a fresh suit on 1.7.1989 in the Court of Civil
Judge, Faizabad. The plaintiff (Suit-5) of the said suit also moved an application under 24 C.P.C. for transfer
of all suits to this Court.
157. All the aforesaid applications were allowed on 10.7.1989 by a Division Bench of this Court comprising
of Hon'ble Mr. U.C. Srivastava and Hon'ble S.H.A. Raza, JJ. This Court withdrew all the aforesaid suits from
the Court of Addl. District Judge, Faizabad and Civil Judge, Faizabad for trial. The Court also observed that
the historic city of Lucknow is famous throughout the world for its composite culture, softness and sweetness
of its language, mild, tender and suave manners, has since centuries been free from communal hatred, bias or
175
prejudices and, therefore, the congenial, peaceful and amicable atmosphere of this City is best suited for the
trial of such cases. The Court also requested the Hon'ble Chief Justice to nominate a third Judge so that a Full
Bench may hear these matters.
158. On 21.07.1989 the Hon'ble Chief Justice constituted a Special Bench consisting of three judges.
159. On an application of the State of U.P. this Court passed an interim order dated 14.08.1989 directing the
parties to maintain status quo with respect to property in dispute.
160. On 20.09.1989 the Court ordered Suit-5 to proceed ex parte against defendants no. 1, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 20 and 21 who despite service failed to file their written statement.
161. The defendants no. 2 and 13 (Suit-4) moved Application No. 14(o) of 1989 in Suit-4 under Order 7 Rule
11 for rejection of plaint as barred by law and in particular clause (d) of Rule 11 Order 7 C.P.C. 1908. This
Court vide order dated 23.10.1989 rejected the aforesaid application by two separate but concurrent
judgments.
162. On Application No. 5(o) of 1989 of the State of U.P. filed under Order 39 Rule 1 and 2 read with Section
94 C.P.C., vide order dated 23.10.1989 the Court directed to maintain status quo until further orders in all the
five connected suits and also for not changing the nature of the property in question. This Court also
expressed its doubt about some of the questions involved in the suit, if soluble by judicial process.
Vol 1: Sunni Central Board Of Waqfs vs Gopal Singh Visharad And Others on 30 September, 2010
BY CURTECY Indian Kanoon - http://indiankanoon.org/doc/1748853/ 75