Justice S Abdul Nazeer disagreed with the two judges and said whether mosque is integral to Islam has to be decided considering belief of religion and it requires detailed consideration.
He referred to the recent Supreme Court order on female genital mutilation and said the present matter be heard by larger bench.
The apex court said now the civil suit on land dispute will be heard by a newly constituted three-judge bench on October 29 as Justice Misra will retire on October 2 as the CJI.
The issue whether mosque is integral to Islam had cropped up when he three-judge bench headed by CJI Misra was hearing the batch of appeals filed against the Allahabad High Court's 2010 verdict by which the disputed land on the Ram Janmabhoomi-Babri Masjid area was divided in three parts.
A three-judge bench of the high court, in a 2:1 majority ruling, had ordered that the 2.77 acres of land be partitioned equally among three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.