JUDGMENT :

Dhananjaya Y Chandrachud, CJI.

1. The proceedings under Article 136 of the Constitution have been initiated to challenge an order of the High Court of Judicature at Allahabad dated 3 August 2023. The High Court dismissed the appeal against an order of the District Judge directing an archaeological survey of the area in which the Gyanvapi Mosque [Settlement Plot No. 9130] is situated.

2. The respondent-plaintiffs filed a suit (Civil Suit No. 18 of 2022) seeking a declaration that they were entitled to perform rituals of deities which are allegedly present within the premises of the Gyanvapi mosque. The respondents also filed an application under Section 75 and Order XXVI Rules 9 and 10 read with Section 151 of the Civil Procedure Code 1908¹[“CPC”] for the appointment of an Advocate Commissioner for inspection of the premises. The petitioner-defendant moved an application under Order 7 Rule 11(d) of the CPC for the dismissal of the suit on the ground that it is barred by the provisions of the Places of Worship (Special Provision) Act 1991.

3. The application seeking the appointment of the Advocate Commissioner was allowed by the Civil Judge. The appeal against the order of the