- (1.) Heard Sri R.K. Maurya learned Counsel for the petitioner, learned Standing Counsel for opposite party No. 1 and Sri Manish Kumar, learned Counsel for the opposite party No. 2. The facts, in brief, as stated by the learned Counsel for the petitioner that the petitioner initially filed a suit registered as Regular Suit No. 149 of 2011, Mohd. Ramzan Ansari v. Kaushal Kumar Dwivedi pending in the Court of Civil Judge (S.D.) Malihabad, Lucknow. In the said suit, petitioner moved an application for grant of temporary injunction under Order XXXIX, Rules 1 and 2 C.P.C. in which an order was passed on 28.2.2011 (Annexure No. 8 to the writ petition). In view of the above said fact, learned Counsel for the petitioner submits that till date application for temporary injunction moved by petitioner/plaintiff has not been decided by the Trial Court hence the present writ petition has been filed with the following main prayer: A writ, order or direction in the nature of mandamus directing the opposite party No. 2 to decide the application under Order XXXIX, Rules 1 and 2, C.P.C. pending in Suit No. 149/11.
(2.) On 1.4.2011 this Court has passed the following orders: Learned Standing Counsel as well as Sri Manish Kumar, learned Counsel for opposite parties No. 1 and 2 is present today. Issue notice to opposite party No. 3 in addition to regular mode of service learned Counsel for the petitioner is permitted to serve opposite party No. 3 outside the Court for which office shall issue necessary dasti summon fixing 27.4.2011 as next date. List/put up on 27.4.2011 as fresh. In the meantime, Counsel for opposite parties No. 1 and 2 shall also seek instructions in the matter in question.
(3.) In view of the above said fact, affidavit of service has been filed and in para 2 of the said affidavit, it has been stated as under: That in the aforesaid writ petition on 1.4.2011 order was passed for serving the Dasti Summon to the opposite party No. 3 and the deponent has served the summon to opposite party No. 3 on 12.4.2011. A true copy of the service notice is being enclosed herein as Annexure No. A-1 to this affidavit.;