They submitted that claims of Muslims, Hindus and Nirmohi Akhara over the controversial site are mutually exclusive and cannot be shared.
"It was nobody's case in the high court that the Muslims, Hindus and Nirmohi Akhara were in joint possession of the disputed premises. The claims of the three sets of plaintiffs were mutually exclusive in the sense each set of plaintiffs claimed the entire property as its own and no one sought a decree for partition of the property," the appeals said.
The Hindu Mahasabha, on the other hand, has sought only partial annulment of the majority verdict of the high court, which ruled for handing over one third of the disputed site to Muslims. It sought the apex court's endorsement of the September 30 minority verdict by Justice Dharam Veer Sharma who ruled for handing over of the entire land to Hindus.
"Set aside the judgement dated September 30, 2010 by Justice S U Khan and Justice Sudhir Agarwal to the extent that one third of the property in dispute has been declared in favour of Muslims and to allot share to them in the decree," said the Hindu Mahasabha in its petition.
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