Anil Kumar, J. - (1.) HEARD Sri Abdul Moin, Advocate assisted by Sri A.N. Trivedi, learned Counsel for the Petitioner and Sri Nripendra Kumar, Advocate holding brief of Sri Manish Kumar learned Counsel for the Respondents.
(2.) FACTS in brief as submitted by learned Counsel for the Petitioner that a suit for declaration and preparatory injunction hs been filed by him registered as Regular Suit No. 150 of 2011 (Umakant v. State of U.P. and Ors.) pending before O.P. No. 1/Civil Judge(Junior Division), Court No. 13, Barabanki. On 08.02.2011, Petitioner moved an application for grant of temporary injunction, the same was considered on 08.02.2011 (Annexure -8) thereafter court below on the basis of material on record came to the conclusion that before granting ex -parte injunction order, it is necessary to hear the Respondents/Defendants and accordingly, notices are issued to the Respondents to file objection, and the next date for disposal of the application of temporary injunction fixed as 24.02.2011.
(3.) IN view of the abovesaid factual background, the present writ petition writ petition has been field by the Petitioner before this Court with the following main prayer: (i) Issue a writ, order or appropriate direction thereby directing the Opposite party No. 1 to decide the injunction application and the Regular Suit No. 150 of 2011 (Uma Kand Mishra & another v. State of U.P. and others) within stipulated time as this Hon'ble Court may be pleaded to issued. (ii) Issue a writ, order or direction in the nature of Mandamus restraining the Respondents from interfering in the peaceful possession of the Petitioners over Gata No. 1080 measuring 0.756 hectare situated at Gram Rendua Palhari, Post Muradabad, Pargana Deve, Tehsil Nawabganj, District Barabaki.;