'When two of the three judges of the (Allahabad) High Court came to a conclusion that the area in question is believed and worshipped by the Hindu people as the place of birth of Lord Ram and they were worshipping there since time immemorial, then the partition of the land in question does not arise and the court should have granted the entire land in question in favour of deity'.
The court, however, said it will hear appeals first.
Earlier this week, Uttar Pradesh's Shia Waqf Board, which claims the land but is not a party to the title suit that was decided by the High Court, said the new mosque could be moved to a nearby neighbourhood where Muslims are in the majority.
Another sect of the Muslims under the banner of Shia Central Waqf Board of Uttar Pradesh recently went to the court offering a solution that a mosque could be built in a Muslim- dominated area at a "reasonable distance" from the disputed site in Ayodhya.
The incident that shook the nation was back on December 6, 1992, when Hindu Karsevaks demolished the mosque.
The state government has been charged to translate all the required documents in Urdu and Hindi within the next 12 weeks. The Sunni Waqf Board tells Supreme Court that the translation of historic documents is not complete yet. It said it needs just four weeks to translate the documentary evidence.
The 30-page affidavit assumes significance as it has been filed within few days of the apex court agreeing to fast track the hearing on a batch of appeals challenging the Allahabad High Court verdict on the land dispute in the case.
While the bench was considering a framework completion the pleadings to commence the final hearing, Sibal stressed on following of the stipulated procedure by asking it not to circumvent the process. "No adjournments shall be granted for the objective", the bench said.
The apex court reached a consensus on commencement of the hearing on the cross-appeals filed against the 2010 high court judgment.
A battery of senior advocates including Vikas Singh, Shyam Divan, UP Advocate General Raghvendra Singh, Huzefa Ahmadi appeared for appellants and intervenors in the matter. Incidentally, Justice Misra is set to become the Chief Justice of India (CJI) on August 28. Giving details, BJP leader Subramanian Swamy said if the court will dismiss the Opposition party's plea than he won't argue, adding the court has made a decision to listen the opening argument on 5th December.