Anil Kumar, J. - (1.) HEARD Sri Waseequddin Ahmad, learned Counsel for Petitioner and Sri N.C. Mehrotra, learned Counsel for Respondents.
(2.) FACTS in brief of present case as submitted by learned Counsel for Petitioner are to the effect that initially Petitioner filed a Suit for permanent injunction registered as Regular Suit No. 134 of 2011 Sri Trilokeshwar Mahadev Mandir v. Secretary, Krishi Utpadan Mandi Parishad before Respondent No. 1. In the said Suit, Petitioner moved an application for grant of temporary injunction under Order 39 Rule 1 and 2 Code of Civil Procedure On 02.02.2011, the court below after going through the said material on record came to conclusion that before granting ex -parte stay order, it will be appropriate to hear Defendants, so notices issued and the next date fixed was 14.02.2011.
(3.) LEARNED Counsel for Petitioner further submits that in the meantime, Respondent proceeded to demolish the property which is subject matter of the case, so an application under Section 151 Code of Civil Procedure moved and in the said application, the court below passed an order dated 02.02.2011 appointing Ameen Commissioner to go on the spot, submit his report.;