Today, the Shri Krishna Janmabhoomi Mukti Nirman Trust has approached the Supreme Court with a plea for a scientific examination of the Shahi Eidgah Masjid area, which is believed to have been constructed upon the Krishna Janmabhoomi site.

This recent development follows a month after the Allahabad High Court rejected the trust's writ petition, which had sought an order to compel a local court in Uttar Pradesh's Mathura to address the request for a scientific study of the mosque's premises.

The petitioner-trust argued in front of the high court that the civil judge should address its application prior to ruling on an application under Order VII Rule 11 CPC made by the Mosque Committee and UP Sunni Central Waqf Board, both of which opposed the lawsuit presented by Bhagwan Shrikrishna Virajman and others.

Nonetheless, a bench presided over by Justice Jayant Banerji affirmed that established legal precedent dictates that when the question of a suit's admissibility is raised, it must be resolved first, and the court must not consider any other pleas or evidence while deliberating on an application under Order VII Rule 11. The court commented:

"...It is prerogative of the trial court to proceed in the manner it deems fit unless there is an specific provision that provides for a particular methodology or process to be adopted.

The trial court, in the impugned order has observed that where in a suit, its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified."