PRAYAGRAJ: The Waqf Act cannot be applied in the civil revision petition filed by Anjuman Intezamia Masjid Committee in the suit of five Hindu women seeking regular worship of Shringar Gauri and other deities in Varanasi's Gyanvapi mosque compound as it is not a dispute between two Muslims, the counsel for the Hindu side said on Thursday.


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As the hearing in the case resumed on Thursday, the counsel also said that the disputed structure is not a Waqf property.


Justice J J Munir fixed December 16 as the next date of hearing in the AIMC's civil revision petition that has challenged a Varanasi court order turning down its objections to the maintainability of the suit filed by the Hindu women.


These women have sought permission to regularly worship Shringar Gauri and other deities in Varanasi's Gyanvapi mosque compound.


Earlier, petitioner AIMC, which manages the Gyanvapi mosque, had opposed the claim of the Hindu side on the plea that the suit before the lower court is barred under the Places of Worship Act, 1991, which provides that no suit can be filed seeking conversion of any religious place as existed on August 15, 1947.


The district judge Varanasi had on September 12 this year dismissed the plea of AIMC filed challenging the maintainability of the suit filed by the five Hindu plaintiffs.


Challenging the September 12 order of the district court, the present revision petition was filed by AIMC before the High Court.