Anil Kumar, J. - (1.) Heard Sri Shravan Kumar Shukla, learned Counsel for the Petitioner and Sri Nripendra Mishra, Advocate holding brief of Sri Manish Kumar, learned Counsel for the Respondent.
(2.) Facts in brief of the present case are that initially Petitioner filed a suit for permanent injunction registered as Regular Suit No. 712 of 2009 in the Court of Civil Judge (Sr. Div.) Malihabad, Lucknow.
(3.) In the said suit, an application for grant of temporary injunction under Order 39 Rule (1 and 2 Code of Civil Procedure was moved. On the said application, the court below passed an order dated 13.11.2009 stating therein that before granting temporary injunction as prayed by the Plaintiff/Petitioner, it is necessary to hear the Defendant/Respondents in the matter in question. Accordingly, notice was issued issued.;