Vivek Kumar Birla, J. - (1.) Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Bibhuti Narayan Singh, learned counsel for the petitioner, Sri P.K. Giri, learned Standing Counsel for respondents no. 1 to 3, Sri Sanjay Kumar Singh, learned counsel for the respondent no. 4 and Sri K.R. Singh, learned Additional Chief Standing Counsel for the respondent no. 5 and perused the record.
(2.) Present petition has been filed with the following prayers: "(i) Issue a suitable order or direction setting aside the impugned order dated 18.8.2010 passed by Civil Judge Senior Division Gorakhpur so far as it relates to refusal of ex-party temporary injunction. (ii) Issue a suitable order or direction commanding the learned court below to decide/disposed off the Original Suit No. 907 of 2010 (new number Original Suit No. 4830 of 2017) (Daya Shankar Lal Gupta vs. State of UP and others) pending in the Court of Civil Judge (Junior Division), Gorakhpur within a period of time specified by the Hon'ble Court. (iii) Issue a suitable order or direction commanding the learned Court below to decide/dispose off the temporary injunction application being Paper Nos. 7-C and 36-C in Original Suit No. 907 of 2010 (new number Original Suit No. 4830 of 2017) (Daya Shankar Lal Gupta vs. State of UP and others) pending in the Court of Civil Judge (Junior Division), Gorakhpur within a period of time specified by the Hon'ble Court. (iv) Issue a suitable order or direction commanding the defendants-respondents not to interfere in any manner in peaceful possession of the petitioner of plot no. 1002 area 0.50 decimal situate at Mohalla Jatepur South (Sumer Sagar), Tappa, Qasba and Pargana Haveli, District Gorakhpur and not to change its nature during the pendency of the suit referred to above in court below."
(3.) Insofar as the prayer no. 1 is concerned, the Stamp Reporter has reported laches of 3659 days in filing present petition. As such, I am not inclined to entertain the same. However, insofar as prayer no. 3 is concerned, it appears that temporary injunction application is pending.;