Muslim bodies have said that Akhara filed the lawsuit in 1959, almost nine years after the disputed site was attached by a court-appointed receiver on January 5, 1950 following the alleged placing of idols under the central dome of the building by some miscreant on December 22-23, 1949. The lawsuit should have been filed within three years of the alleged cause of action which arose in 1950 and hence, the 1959 lawsuit of 'Akhara' was time-barred, they said. Dhavan, by referring to several judgements, opposed the submissions of 'Akhara' that its lawsuit was not time-barred as the cause of actions, such as taking over of the possession by the receiver and the denial of right to worship to it, were of the nature of "continuous wrong".

"Let us not interpret continuing wrong and possession in such a manner that they lead to concomitant rights (naturally associated) rights (in favour of Akhara)," Dhavan urged. "What was the continuous wrong which magistrate (who ordered attachment of the site) committed. There was no obligation on the Magistrate to do certain things. The magistrate was following the law. You cannot say that you give it to me," Dhavan said.

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The high court judgement has said that one cannot sue the magistrate, he said. "They (Akhara) were never in inner courtyard. How do they come there? They came in 1949 by an illegal act (of placing of idols). Can, they go to the magistrate and say give it to me, you owe me a duty," he said. The bench, which heard the case for almost one-and-half hour after assembling at 2 PM, would commence hearing on Thursday when Dhavan would resume advancing submissions.

The Allahabad High Court, in its judgment of 2010 on four civil lawsuits, had partitioned the 2.77-acre disputed land equally among Sunni Waqf Board, Nirmohi Akhara and Ram Lalla. Fourteen appeals have been filed in the Supreme Court against the verdict.

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