- (1.) Heard Sri K.S. Rastogi, learned Counsel for Petitioner, learned Standing Counsel on behalf of O.P. No. 1 and Sri Anurag Srivastava, learned Counsel appearing on behalf of O.P. No. 2.
(2.) Facts in brief as submitted by learned Counsel for Petitioner are that Petitioner taken a loan from State Bank of India, Branch Mohammadi District Kheri. In respect to the said matter, he filed a suit (Suit No. 208 of 2011) for permanent injunction as well as accountancy in the court of Civil Judge (Sr. Div.), Kheri. In the said suit, on 18.03.2011 an application for interim injunction under Order 39 Rule 1 Code of Code of Civil Procedure moved.
(3.) On the said application, O.P. No. 1 passed an order dated 18.03.2011 thereby issuing notices to Defendants to file their objections on the ground that before granting ex-parte interim order Defendants should be heard. Hence present writ petition filed with the following main prayer: (i) a writ order or direction in the nature of mandamus commanding the opp. Party No. 1 to decide & dispose off the application for interim injunction dt. 18.03.2011 as contained in Annexure No. 2 forthwith within the time stipulated by this Hon'ble Court. (ii) a writ order or direction in the nature of mandamus commanding the opp. Party No. 2 & 3 not to realize the amount of loan as a arrear of land revenue.;