
In the hearing held on May 23, it said that the Pauranic illustrations, and what they depict, "is usually based on narrative and not on direct observation or testimony."
The application, moved through Advocate Reena N Singh claimed that the applicant - Shriji Radha Rani - is the legal wife and the feminine form of the plaintiff in suit - Sri Bhagwan Krishna Lala Virajman - and that together, they both are worshipped as deities since time immemorial.
They both allegedly hold the disputed land comprising 13.37 acres, it argued.
The applicant claimed joint ownership of the disputed property with the plaintiff, based on references in Purans and Sanhitas. It was argued that the applicant (Radha Rani) is a necessary and proper party to the suit and her impleadment is essential for complete justice under Order one Rule 10 of Civil Procedure Code. The court, all the same, rejected the application, saying the applicant is neither a necessary nor proper party to the suit.
The court noted that the applicant could not demonstrate any evidence or binding authority in support of her claim in the disputed matter, which is claimed by the plaintiffs as the birthplace of Lord Krishna and where the Shahi Idgah Masjid currently stands.
The court, however, noted that if the applicant in the future comes with any concrete evidence supporting the claim of joint ownership, her impleadment may be considered.
The plaintiffs claim that Sri Krishna's birthplace, a temple in Mathura, has been under encroachment since 1669-70 by the Shahi Idgah Masjid management.
The suit seeks removal of the allegedly illegal encroachment.
The court concluded, "This court finds force in the objection raised by some of the parties to the suit in regard to the impleadment application filed on behalf of Shriji Radha Rani. There is no averment in the impleadment application that there was a temple of Radha Rani in the property in dispute."
The controversy is related to the Mughal emperor Aurangzeb-era Shahi Idgah mosque in Mathura, which is alleged to have been built after demolishing a temple at Lord Krishna's birthplace.