Anjani Kumar, J. - (1.) By means of this writ petition, the committee of management Sanatan Dharm Post Graduate College, Muzaffarnagar has challenged the order dated August 14, 2001 (Annexure-17 to the writ petition), passed by Civil Judge (Jr. Div.) Muzaffarnagar entertaining the suit filed on behalf of the respondents and granting ex parte injunction order under Order XXXIX, Rule 2, Code of Civil Procedure. This order is challenged by the petitioners, inter alia, on the grounds that according to the relief claimed in the writ petition after the order dated August 1, 2001 was passed by the Vice-Chancellor, Chaudhary Charan Singh University, Meerut, directing that the election of the committee of management scheduled to take place, which by the order of the Vice-Chancellor dated July 28, 2001, was postponed and inspite of the aforesaid order passed by the Vice-Chancellor staying the election. Despite the order of Vice-Chancellor elections are said to have been held as a consequence thereof an enquiry committee consisting of three Principals was set up, which is directed to conduct the enquiry and submit its report to the Vice-Chancellor. The Vice-Chancellor further passed order that till the recommendation of the committee is received, the old committee, which is at present in the effective control of the affairs of the college of the management, will continue to conduct the management of the institution. After this order was passed by the Vice-Chancellor, two writ petitions were filed before this Court. One being Writ Petition No. 30551 of 2001 was filed by the contesting respondents of the present writ petition and plaintiffs of Suit No. 475 of 2001 with the following prayers : "(i) issue a writ, order or direction in the nature of certiorari calling upon the respondents to produce records for quashing of the impugned order dated 1.8.2001 passed by the respondent No. 2 (Annexure-10 to the writ petition). (ii) issue a writ, order or direction in. the nature of mandamus directing the respondents not to interfere in the functioning of the petitioner in the affairs of the S.D. (P.G.) College, Muzaffarnagar. (iii) issue any other writ, order or direction which this Hon'ble Court may deem it fit and proper in the circumstances of the case. (iv) Award the cost of the petition to the petitioner." The aforesaid writ petition was dismissed as not pressed by this Court on August 16, 2001. The order dated August 16, 2001, passed by this Court is quoted below : "Learned counsel for the petitioner Sri R.B. Singhal stated that this writ petition may be dismissed as not pressed. It is, accordingly, dismissed as not pressed,"
(2.) The second writ petition that was filed by the present petitioners, i.e., Writ Petition No. 32021 of 2001, has been dismissed as withdrawn with liberty to file a fresh writ petition by this Court on 3.9.2001. The prayer made in Writ Petition No. 32021 of 2001 is reproduced below : "(i) issue a writ, order or direction in the nature of mandamus restraining the respondents from interfering in the affairs of the institution/petitioners in their different capacity. (ii) issue a writ, order or direction in the nature of mandamus directing respondents to follow direction of Vice-Chancellor dated 28.7.2001, regarding management of election and not to interfere in the working of petitioners till the matter is finally decided. (iii) issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) award the cost to the petitioner." The order dated 3.9.2001, by which the aforesaid writ petition was directed to be dismissed as withdrawn is reproduced below ; "Learned counsel appearing on behalf of the petitioners made a statement that he wants to withdraw the present writ petition because of the technical objections raised by Sri R.B. Singhal, learned counsel for the respondent No. 4 (Caveator). The writ petition is accordingly dismissed as withdrawn with liberty to file a fresh writ petition."
(3.) Inspite of these two writ petitions filed before this Court, the petitioners of Writ Petition No. 30551 of 2001 (respondents in the instant petition) filed a Suit No. 475 of 2001, out of which the impugned order in the present writ petition was passed. The reliefs sought for in the suit clearly show from the perusal of plaint, which is annexed as Annexure-15 to the writ petition, that it is in effect of the order dated August 1, 2001, Annexure-13 to the writ petition, by which the plaintiffs of the said Suit No. 475 of 2001 challenged the arrangement that is made vide order dated August 1, 2001.;