A judge in the U.S. state of Delaware the on Tuesday ruled that Twitter's lawsuit against Elon Musk over their $44 billion acquisition agreement should proceed to a five-day trial in October.

The ruling gave an early win for the social media giant which filed the lawsuit last week after the billionaire announced his intention to break off the agreement.

Days after the announcement, Twitter's lawyers wrote a letter to Musk telling him that "the Agreement is not terminated."

"Twitter reserves all contractual, legal, and other rights, including its right to specifically enforce the Musk Parties' obligations under the Agreement," they wrote.

At the first hearing in the case Twitter's lead counsel William Savitt argued in favor of a speedy trial, citing uncertainty that has befallen the company from the outstanding deal and litigation.

Musk's legal team however proposed that the litigation should go to trial early next year.

Musk and Twitter struck a deal for the sale of the company in April. However, soon after, the Tesla and Space X CEO started sending messages that seemed to show he had developed cold feet.

In May, he announced that deal was "on hold" as he looked into alleged fake users on the platform.

Twitter’s board agreed to give him access to internal data by offering access to its full "firehose," a massive stream of data comprising more than 500 million tweets posted each day.

Earlier this month, the Washington Post reported that the deal was "in jeopardy" because Musk doubted that Twitter's spam figures are verifiable.

On Tuesday, Twitter lawyers urged a speedy trial, noting that all that was needed in the litigation was before he court.