A Lucknow court has dismissed a plea by Muslims seeking review of a lower court order that allowed a Hindu group’s civil lawsuit demanding the right to worship close to the site of a mosque, PTI reported on Wednesday.

The civil suit by the Hindu side has claimed that a temple of Shesh Nagesh Teeleshwar Mahadev is situated close to Lucknow’s Teele Wali Masjid.

Additional District Judge Narendra Kumar said that the civil suit cannot be dismissed without recording evidence and only based on objections raised by the Muslim side.

The judge said that the lower court’s order in September had allowed the lawsuit on merit and there was no illegality in the ruling.

The order by Kumar has cleared the way for the lower court to decide on whether Hindus would have the uninterrupted right to worship at the disputed site, PTI reported.

Nripendra Pandey, the plaintiff, has claimed in the lawsuit that a temple was damaged and a mosque was constructed at the site during the reign of Mughal Emperor Aurangzeb. The mosque came to be known as Teele Wali Masjid.

The Hindu side said that they filed the lawsuit after they were allegedly threatened and stopped by the Muslims when they went to the site to pray in June.

The Muslims have raised objections, arguing that the Hindu side’s plea violates the 1991 Places of Worship Act and the 1995 Waqf Act. The Places of Worship Act specifically prohibits any changes to the religious character of a place of worship in independent India.

The Muslim side had approached the court of the additional district judge after the civil judge dismissed their objections.

Also read: How SC’s evasion on Places of Worship Act challenge is powering new Hindutva claims on mosques