The Supreme Court, in a Bench comprising Justices DY Chandrachud, Surya Kant and PS Narasimha, while hearing the petition challenging the survey of the mosque by a commission, noted that the issue could be taken up in the Order 7 Rule 11 applications being heard before the trial court. Bench listed the matter in the first week of October to await the outcome of the Order 7 Rule 11 application filed by the Masjid Committee questioning the maintainability of the suit.
The Court dismissed as withdrawn two petitions seeking directions for worshipping and carbon dating of shivling inside the mosque.
The Court reiterated that such remedies can be invoked as per the Code of Civil Procedure Code 1908, before the appropriate trial court and could not be entertained under Article 32 of the Constitution of India.