Majlish-e-Mushavreen Masjid Trust will file an appeal after a 49-year-long legal battle, the Kalyan Civil Court rejected the plaint filed by the Majlish-e-Mushavreen Masjid Trust over the ownership of the Durgadi Fort, where the Durgadi temple and Idgah are located. The court cited that the plaint was barred by limitations and upheld the state government’s ownership.
Sarfuddin Karte, the Chairman of the Majlish-e-Mushavreen Masjid Trust, said that the court has not heard our plaint and documents in relation to proof as well. The court stated that the suit was barred by limitations; hence, the suit is hereby rejected as required by the Limitation Act. The suit was then time-barred, resulting in its rejection. We are not happy with the decision and now, we will go to a higher court and file an appeal because we have evidence regarding the suit property.The legal battle began in 1976 when the Government of Maharashtra obstructed their possession in 1968; afterward, the trust filed the suit. The court rejected the petition made by the Muslim community.
Kalyan Civil Judge, Senior Division AS Lanjewar dismissed the plaint of the trust as it is totally barred by limitations; accordingly, the plaint is liable to be rejected. The court observed that it clearly shows that the alleged customary rights of trust were obstructed in 1968. The suit is filed for a declaration of ownership by way of adverse possession and further declaration that they are in continuous possession of the suit property. Considering the declarative reliefs claimed by the plaintiffs (trust), Article 58 of the Limitation Act is made applicable. Therefore, the plaint is totally barred by limitation and accordingly, the plaint is liable to be rejected in view of Order VII Rule 11(d) of the Civil Procedure Code. Hence, the plaint is hereby rejected.
