The Muslim side has moved the Supreme Court challenging a recent Allahabad High Court order that allowed a court-monitored survey of the disputed Shahi Idgah structure in Mathura.

Earlier, on December 14 last year, the High Court had agreed to the appointment of a court commissioner to oversee the survey of the disputed structure.

The Muslim side has filed the appeal to formally challenge the high court’s order. The plea has been filed after the apex court, on December 15 last year, had refused to stay the Allahabad High Court’s decision allowing the court-monitored survey on an oral plea by the Muslim side.

The Muslim side, in its plea, has submitted that the High Court ought to have considered its petition for rejection of the plaint before deciding on any other miscellaneous applications in the suit. They had sought rejection of the plea on the ground that the lawsuit is barred by the Places of Worship (Special Provisions) Act, 1991.

While allowing the plea for a court-monitored survey, the High Court had said no harm should be caused to the Mathura structure during the survey, which it indicated could be overseen by a three-member commission of advocates.