Allahabad HC rejects plea to remove next friend of deity
PRAYAGRAJ, Oct. 2 -- The Allahabad high court has dismissed an application filed by two Hindu plaintiffs (second and fifth) in the Krishna Janmabhoomi-Shahi Eidgah title dispute cases seeking the removal of Kaushal Kishore Thakur alias Kaushal Singh Tomar as the next friend of the first plaintiff, the deity Shri Krishna Lalla Virajman.
In the September 26 order, Justice Ram Manohar Narayan Mishra, while rejecting the plea, observed that the grounds cited were not sufficient for the "drastic" action, which could only be taken when it was proved that the next friend was acting against the interest of the deity.
The seventh suit is one of the 18 civil suits pertaining to the Krishna Janmabhoomi title dispute presently pending before the high court. In this suit, the plaintiffs seek a declaration of ownership of the land where the Shahi Idgah Masjid stands, along with a permanent injunction over the disputed property.
The second and fifth plaintiffs had moved an application under Section 151 civil procedure code (CPC) seeking deletion of Kaushal Kishore Thakur's name as the next friend of the deity, and substitution with Ajay Pratap Singh. It was alleged that Thakur's conduct was against the interest of the deity. The applicants argued that Thakur had filed a separate civil suit in Mathura along with advocate Reena N Singh and that he was attempting to "destroy" the nature and structure of the present suit.
It was also alleged that Thakur had been removed from the membership of the Yogeshwar Shri Krishna Janmasthan Seva Sangh Trust and was misusing his position. Appearing for the first plaintiff, Reena N Singh argued that removal of a next friend of a deity was not permissible under Order 32 Rule 1 of the CPC, since a deity was always treated as a minor and could only act through such representation....
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