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1 Reserved in the HIGH COURT of JUDICATURE at ALLAHABAD 1 Reserved IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW O.O.S NO. 5 OF 1989 (R.S.NO. 236/1989 1. Bhagwan Sri Rama Virajman at Sri Rama Janma Bhumi, Ayodhya, also called Bhagwan Sri Rama Lala Virajman, represented by next friend, Sri Deoki Nandan Agrawal Senior Advocate/ Retired High Court Judge,56 Dilkusha, Allahabad is no more and in his place Sri Triloki Nath Pandey S/o Askrut Pandey, Karsewakpuram, Ayodhya, Distt. Faizabad is substituted as next friend of plaintiff nos.1 and 2. 2. Asthan Sri Rama Janma Bhumi, Ayodhya, represented by next friend, Sri Deoki Nandan Agrawal Senior Advocate/ Retired High Court Judge,56 Dilkusha, Allahabad is no more and in his place Sri Triloki Nath Pandey aged about 65 years S/o Askrut Pandey, Karsewakpuram, Ayodhya, Distt. Faizabad. 3. Sri Deoki Nandan Agrawal Senior Advocate/ Retired High Court Judge,56 Dilkusha, Allahabad is no more and in his place Sri Triloki Nath Pandey aged about 65 years S/o Askrut Pandey, Karsewakpuram, Ayodhya, Distt. Faizabad. …......Plaintiffs Versus 1. Sri Rajendra Singh, adult, son of Late Sri Gopal Singh Visharad, at present residing at Gonda, care of the State Bank of India, Gonda Branch Gonda. 2. Param Hans Mahant Ram Chandra Das of Digambar Akhara, Ayodhya. (Dead) 2/1. Mahant Suresh Das aged about 55 years, Chela late Mahant Ram Chandra Das of Digambar Akhara, Ayodhya. 3. Nirmohi Akhara Mohalla Ram Ghat, Ayodhya, through its present Mahant Jagannath Das, aged about 54, years, Chela of Vaishnav Das Nirmohi resident of Mohalla Ram Ghat Nirmohi Bazar Pargana Haveli Awadh, Ayodhya, District Faizabad—Substituted by court dated 1.9.95. 4. Sunni Central Board of Waqfs, U.P. having its office at Moti Lal Bose Road, Lucknow. 2 5. Sri Mohammad Hashim, Adult, son of Sri Karim Bux, resident of Mohalla Sutahti, Ayodhya 6. Sri Mohammad Ahmad, Adult son of Sri Ghulam Hasan, resident of Mohalla Rakabganj, Faizabad. 7. State of Uttar Pradesh, through the Secretary, Home Department, Civil Secretariat, Lucknow. 8. The Collector & District Magistrate, Faizabad. 9. The City Magistrate, Faizabad. 10. The Senior Superintendent of Police, Faizabad. 11. The President, All India Hindu Mahasabha, New Delhi. 12. The President, All India Arya Samaj, Dewan Hall, Delhi. 13. The President, All India Sanatan Dharma Sabha Delhi. 14. Sri Dharam Das Adult, Chela Baba Abhiram Das, Resident of Hanuman Garhi, Ayodhya. 15. Sri Pundarik Misra, Adult son of Sri Raj Narain Misra, resident of Baham pur Sarai, Rakabganj, Faizabad. 16. Sri Ram Dayal Saran Adult, Chela Ram Lakhan Saran, resident of Ramcharit Manas Bhavan, Mohalla Ramkot, Ayodhya. 17. Sri Ramesh Chandra Tripathi Adult, son of Sri PARASH Ram Tripathi, resident of Village Bhagwan Patti, Pargana Minjhaura, Tehsil Akbarpur, District Faizabad. Parties mentioned at serial Nos. 18 and 19 have been deleted vide order dated 20.09.1989. 20. Sri Umesh Chandra Pandey, Adult, son of Sri Uma Shankar Pandey, Advocate, resident of Ranopali, Ayodhya. 21. Sri Rama Janma Bhumi Nyas, a Trust, having its office at Sankat Mochan Ashram, Sri Hanuman Mandir, Rama Krishan Puram, Sector VI, New Delhi, through Sri Ashok Singhal, Managing Trustee. 22. Shia Central Board of Waqfs, U.P. Lucknow. Party mentioned at serial No. 23 has been deleted vide order dated 27.01.1992. 24. Prince Anjum Quder, Prestrict, All India Shia Conference, Qaomi Ghar, Nadan Mahal Road, Lucknow. 25. All India Shia Conference, through Sri S. Mohammad Hasnain Abidi, Honorary General Secretary, Qaomi 3 Ghar, Nadan Mahal Road, Lucknow. 26. Hafiz Mohd. Siddiqui, aged about 46 years son of late Haji Mohd. Ibrahim, resident of Lalbagh Moradabad, General Secretary, Jamaitul Ulema Hind U.P. Jamait Building B.N. Verma Road, Kutchery Road, Lucknow—Amended vide order dated 15.4.92 r/w order dated 21.4.92 27. Vakeeluddin aged about 55 years, son of Ismail, resident of Madarpur Pergna and Tehsil Tanda District Faizabad. …...............Defendants ---------- Judgment delivered by Hon'ble Dharam Veer Sharma, J. This suit was initially filed by Bhagwan Sri Ram Virajman at Sri Ram Janma Bhumi, Ayodhya also called Bhagwan Sri Rama Lala Virajman represented by the then next friend, Sri Deoki Nandan Agarwala, Asthan Sri Ram Janma Bhumi, Ayodhya represented by next friend Sri D. N. Agarwal and Sri Deoki Nandan Agarwala for a declaration that the entire premises of Sri Ram Janma Bhumi at Ayodhya as described and delineated in Annexures 1 and 2 belong to the plaintiff's deities and for a perpetual injunction against the defendants prohibiting them from interfering with, or raising any objection to, or placing any obstruction in the construction of the new temple building at Sri Ram Janma Bhumi after demolishing and removing the existing buildings and structures etc. situate there at, in so far as it may be necessary or expedient to do so for the said purpose. After the death of Sri Deoki Nandan Agarwal, Sri T. P. Verma was substituted as next friend and after his removal Sri Triloki Nath Pandey has been substituted as next friend of plaintiffs no.1 and 2 and defendant no.3 in place of Sri T.P. Verma. According to the plaint allegations the plaintiffs no. 1 and 2 4 ,namely, Bhagwan Sri Ram Virajman at Sri Ram Janma Bhumi, Ayodhya also called Sri Ram Lala Virajman, and the Asthan Sri Rama Janama Bhumi, Ayodhya, with the other idols and places of worship situate thereat, are juridical persons with Bhagwan Sri Rama as the presiding Deity of the place. The plaintiff no.3 is a Vaishnava Hindu, and seeks to represent the Deity and the Asthan as a next friend. The place Sri Rama Janma Bhumi is too well known at Ayodhya need not any description for purposes of identification of the subject matter of dispute in this plaint. Two site plans of the building premises and of the adjacent area known as Sri Rama Janma Bhumi, prepared by Sri Shiv Shankar Lal pleader in the discharge of his duty as a commissioner appointed by the Court of Civil Judge, Faizabad, in Suit No.2 of 1950: Sri Gopal Singh Visharad Versus Sri Zahur Ahmad and Others; along with his report dated 25.5.1950, are being annexed to the plaint and made part of it as Annexures I and II respectively. The Suit No.2 of 1950 was filed on 16.1.1950, by Sri Gopal Singh Visharad against Zahoor Ahmad and other persons. The plaintiff of that suit died recently and his name has been substituted by his son, who has been impleaded as plaintiff No.1/1 in this suit. The five defendants of the suit are dead and their names struck off under the order of this Court. Therefore, they have not been impleaded as defendants no. 7 to 10 respectively in this suit also. In the above suit relief claimed was for a declaration that the plaintiff was entitled to perform the Puja and to have Darshan of Bhagwan Ram Chandra and others Virajman at Asthan Janma Bhumi without any hindrance, dispute or interruption and the permanent injunction restraining the defendant and their successors from ever removing the idols of Sri Bhagwan Ram Chandra and others Virajman at Asthan Janma Bhumi from the place where 5 they were, or closing the entrance gate or other passages of ingress and egress, and from interfering or disturbing the Puja or Darshan in any manner whatsoever, was also claimed. Suit No.25 of 1950, was filed a few months later, by Paramhans Ramchandra Das. This suit has been withdrawn by the plaintiff and the third suit being suit no.26 of 1959 was thereafter filed in the Court of Civil Judge, Faizabad by the Nirmohi Akhara, Ayodhya, who has been impleaded as defendant no.3 in this suit, claiming the relief of removal of Babu Priya Dutt Ram, defendant no.1 thereto from the management and charge of the temple of Janma Bhumi with the idol of Lord Ram Chandra and others installed therein. Babu Priya Dutt was appointed as a Receiver in the year 1950 by the City Magistrate, Faizabad in a proceeding under Section 145 of the Cr.P.C. 1898. The defendants No. 2 to 5 of this suit are defendants no. 7 to 10 of this suit. The other defendants have died and their legal representatives have not been brought on the record obviously because the cause of action did not survive against them. Suit no. 12 of 1961 was thereafter filed by the Sunni Central Board of Waqfs, U.P., and 8 other on 18.12.1961 in the Court of the Civil Judge, Faizabad. The reliefs claimed were (a) A declaration that the property indicated by the letters A B C D in the sketch map annexed to the plaint is a “public mosque commonly known as 'Babri Masjid', and that the land adjoining the mosque shown in the sketch map by letters E F G H is a public Muslim “graveyard”, and (b) “for delivery of possession of the mosque and graveyard in suit by removal of the idols and other articles which the Hindus may have placed in the mosque as objects of their worship”. The Sunni Central Board of Waqfs, U.P. is being impleaded as Defendant No.4 in this suit 6 and of the remaining plaintiffs of that suit, the only surviving plaintiffs No. 7 and 9 are being impleaded as Defendants No. 5 and 6 hereto. Of the defendants to that suit, the legal representatives of defendants no. 1, 13 and 15, who have been impleaded therein, are being impleaded as Defendants no.1, 14 and 16 respectively in this suit.
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