In a significant development in the long-running Mathura land dispute, the Allahabad High Court on September 26, 2025, dismissed an application filed by four plaintiffs seeking the removal of Shri Kaushal Kishore Thakur as the "next friend" of the deity, Bhagwan Shri Krishna Lala Virajman. Justice Ram Manohar Narayan Mishra, presiding over the matter, observed that the grounds cited by the applicants were insufficient to warrant such a drastic step.
Background
The case, registered as Original Suit No. 7 of 2023, revolves around ownership and possession of the disputed property where the Shahi Idgah Masjid stands adjacent to the Shri Krishna Janmabhoomi temple in Mathura. The plaintiffs had asked the court to declare them the rightful owners of the site and to issue a permanent injunction against the mosque’s management.
However, the internal rift among the petitioners came to light when plaintiffs two to five filed an application under Section 151 of the Civil Procedure Code, urging the court to delete Kaushal Kishore Thakur's name as next friend of the deity. They accused him of filing multiple suits in parallel, misusing his position, and acting against the interests of the deity.
Their argument leaned on the claim that Thakur, once associated with the Yogeshwar Shri Krishna Janamsthan Seva Sangh Trust, had already been expelled from the body. They further alleged that he attempted to manipulate clerical errors in court records and even sought media attention by spreading misleading information.
Court's Observations
The bench examined provisions under Order 32 of the Civil Procedure Code, which deals with representation of minors and deities (the law treats a deity as a perpetual minor). The judge noted that while a next friend can be removed if acting against the interests of the minor, such removal requires strong and clear reasons.
"The court must be satisfied of the sufficiency of cause assigned," Justice Mishra observed, adding that filing of multiple suits, while undesirable, does not automatically prove adverse interest.
Referring to Supreme Court precedents, the court reiterated that a person may act as next friend so long as they have no interest adverse to the minor. Importantly, the judge remarked:
"Applicants have failed to show sufficient cause which would make it expedient for removal of next friend. The cause shown…does not appear to be sufficient."
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The court also underlined that while parallel suits create complications, they cannot be the sole basis to strip representation. Any such removal must be backed by evidence of misconduct directly harming the deity’s legal or proprietary rights.
Decision
After weighing the submissions, Justice Mishra dismissed the application, concluding that the allegations against Kaushal Kishore Thakur did not meet the threshold required under law for removal of a next friend.
"The grounds taken in application are not sufficient for removal of next friend which is a drastic action and can only be taken when it is proved that the next friend is acting against the interest of the deity," the order stated.
The matter has now been listed for further hearing on October 9, 2025, alongside connected suits.
Case Title: Shri Bhagwan Shrikrishna Lala Virajman and Others vs. U.P. Sunni Central Waqf Board and Others
Case Number: Original Suit No. 7 of 2023 (OSUT No. 7 of 2023)
Date of Decision: September 26, 2025
