Lucknow, September 21: In another twist to the Ayodhya title suit verdict, Justice Dharam Veer Sharma, one of three judges of the special bench of Allahabad High Court, expressed disagreement with the order of his fellow judges given on September 17 last.
The special bench of the Allahabad High Court comprising Justices S U Khan, Sudhir Agarwal and D V Sharma had, on September 17, rejected a plea by the respondent no-17, Ramesh Chandra Tripathi to defer the case so that another round of discussion for an amicable solution was reached.
Justice Sharma, in his dissenting order today, said ”I am sorry to state that at the time of the passing of the order, I was not consulted otherwise I would have given my views to brother judges.”
Disagreeing with the order, he said, ”the only direction that is required to be given in the aplication moved under Section 89 of CPC is that the parties are free to resolve their disputes amicably by compromise before the date of delivery of the judgement and at this stage no interference of the court is required.”
Justice Sharma also expressed dissent over imposing a penalty of Rs 50,000 on the applicant saying, ”there is no provision under the law through which a penalty of Rs 50,000 can be imposed for making the application to relegate the matter for mediation under Section 89 of CPC.”
He also observed that the penalty imposed was also beyond the statutory limits, that is Rs 3000. The special bench is slated to give its verdict on the vexed title suit on September 24.
–UNI