Allahabad High Court Dismisses Application for Removal of Deity's Next Friend in Mathura Land Dispute
Court Upholds Representation of Deity, Emphasizes Protection of Interests in High-Profile Case
In a significant ruling, the Allahabad High Court on September 26, 2025, dismissed an application seeking the removal of the next friend representing the deity, Shri Bhagwan Shri Krishna Lala Virajman, in a contentious land dispute case involving the U.P. Sunni Central Waqf Board. The suit, originally filed in Mathura, concerns the ownership of the land on which the Shahi Idgah Masjid is situated.
The plaintiffs, including Shri Bhagwan Shri Krishna Lala Virajman, sought declaratory relief declaring them as the rightful owners of the disputed property and a permanent injunction against the defendants. The application for removal was filed by plaintiffs no. 2 to 5, who argued that the current next friend, Shri Kaushal Kishore Thakur Ji, was acting against the interests of the deity and sought his replacement with Ajay Pratap Singh.
Justice Ram Manohar Narayan Mishra, presiding over the case, emphasized the statutory requirements under the Civil Procedure Code, 1908, specifically Order 32, Rule 9. The court held that mere multiplicity of suits or contradictory actions by the next friend did not constitute sufficient grounds for removal. It was reiterated that the protection of the deity's interests remains paramount and any change in representation must meet the criteria outlined in the statutory provisions.
The court's decision underscores the importance of lawful representation of a deity in judicial proceedings, maintaining that disputes between plaintiffs or newly formed groups cannot displace validly instituted representation. The judgment also highlighted the necessity for continuity in representation to safeguard the proprietary and spiritual rights of the deity, considered a perpetual minor in legal terms.
The ruling draws attention to the complex nature of legal proceedings involving religious entities and their representation, setting a precedent for similar cases in the future. The court's decision affirms the legal principles governing the representation of deities, ensuring their interests are consistently protected through recognized next friends or shebaits.
The case has been scheduled for further proceedings on October 9, 2025, as the court continues to address the intricate legal and religious issues at stake.
Bottom Line:
Civil Procedure Code, 1908, Order 32 - Removal of next friend representing a minor/deity in a suit - Grounds for removal must show sufficient cause such as adverse interest, failure to perform duties, or connection with a defendant - Mere multiplicity of suits or contradictory actions not sufficient for removal.
Statutory provision(s): Civil Procedure Code, 1908 - Order 32, Rules 1, 3, 3A, 4, 5, 9, 10
