New Delhi/UNI: The Supreme Court on Friday refused to stay the Allahabad High Court order which had allowed a scientific survey of the Shahi Idgah adjacent to the Shri Krishna Janmabhoomi at Mathura, Uttar Pradesh.

A bench comprising Justice Sanjiv Khanna and Justice SVN Bhatti while hearing an oral plea by the Muslim Committee to stay the order passed by the Allahabad High Court, observed that the High Court order for scientific survey in Shahi Idgah Mosque has not been formally challenged before it.

The bench expressed disinclination to interfere with the order which has not been brought before the bench. "How can we stay the order without it being before us?" the court observed.

The Supreme Court also refused to stay the ongoing proceedings and fixed the matter for January 9 on the issue of transfer of all cases by the Allahabad High Court related to the Krishan Janam Bhoomi Vs Shahi Idgah from the trial court to itself.

"The High Court order will continue and it will proceed with the matter as there is no stay by the Supreme Court," Vishnu Shankar Jain, the lawyer for the Hindu side said.

The Allahabad High Court on December 14, allowed ASI to conduct a scientific survey on the Shahi Idgah complex at Mathura and gave the go ahead to the appointment of advocate commissioner. The modalities of the Commission of Advocates for the survey will be decided on December 18.

Earlier, Advocate Ranjana Agnihotri, a resident of Lucknow, had filed a suit demanding the ownership of 13.37 acres of land of Shri Krishna Janmabhoomi. In her legal suit, Agnihotri demanded removal of the Shahi Idgah mosque built in Shri Krishna Janmabhoomi complex.

The suit filed in the Mathura court sought the removal of the mosque said to have been built in 1669-70 on the orders of the Mughal emperor Aurangzeb in the 13.37-acre premises of Katra Keshav Dev temple near the birthplace of Lord Krishna.

The Hindu outfits have claimed the mosque was built on the birthplace of Lord Krishna and had demanded a survey.

The demand was admitted by a local court in December last year but the Muslim side had filed an objection in the High Court.