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Malali mosque’s plea challenging maintainability of original suit dismissed

The court, in its verdict, dismissed the arguments presented by mosque counsels that the matter must be heard by the Wakf Tribunal.

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Mangaluru(Karnataka): The Third Additional Civil Court here on Wednesday dismissed Malali Masjid’s plea challenging the maintainability of the original suit filed by Hindu organizations, demanding a survey of the mosque where they contended that a Hindu temple-like structure was found during its renovation in April this year.

The Malali Masjid Management Committee had challenged the maintainability of the original suit, arguing that the matter must be heard by Wakf Tribunal as per Wakf Act as the mosque belongs to Waqf Board.

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The court, in its verdict, dismissed the arguments presented by mosque counsels that the matter must be heard by the Wakf Tribunal.

The judgment is on the lines of a Varanasi court which asserted that the suit filed by Gyanvapi Mosque was not barred by the Wakf Act because the plaintiffs (five women demanding permission for praying inside the mosque) are non-Muslims and strangers to the alleged Waqf created at the disputed property.

The Gyanvapi verdict in Uttar Pradesh avers that Waqf Tribunal can only adjudicate disputes arising between parties belonging to Muslim communities and the Waqf Act does not bar any civil court from deciding any dispute relating to a Waqf property contested by non-Muslims.

The controversy in Karnataka erupted after a Hindu temple-like structure was found at the Malali mosque during its renovation.

Taking cognizance of the incident, Vishva Hindu Parishad and other Hindu organizations demanded a survey through a court-appointed commissioner.

A plea was filed by TA Dhananjaya and BA Manoj Kumar in the Third Additional Civil Court seeking a survey of the mosque.

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