- (1.) Heard Shrawan Kumar Tiwari, learned Counsel on behalf of the Petitioner and Sri Nripendra Kumar, Advocate holding brief of Sri Manish Kumar, learned Counsel for the opposite parties.
(2.) Facts, in brief, as stated by the learned Counsel for the Petitioner are that initially Petitioner-Plaintiff has initially filed a suit for permanent injunction, registered as Regular Suit No. 69 of 2004, Ram Achal and Ors. v. Lal Bux Singh in the Court of Civil Judge (Junior Division), Hawaii, Faizabad. Further, in the said suit, the Petitioner moved an application for temporary injunction under Order XXXIX, Rule 1 Code of Civil Procedure as per the averment made in paragraph No. 4 of the present writ petition and the same is still pending.
(3.) Learned Counsel for the Petitioner further submit that in the matter pending before the Trial Court the pleadings have been exchanged between the parties and issues are framed but in spite of the said facts neither application for grant of temporary injunction nor the suit in question has been decided. Hence the present writ petition has been filed with the only prayer that: (i) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to decide the injunction application as well as the Civil Suit bearing Regular Suit No. 69 of 2004, Ram Achal and Ors. v. Lal Bux Singh and Ors. pending in the Court of Civil Judge (J.D.) Hawaii, Faizabad, if possible, within three months.;