Sushil Harkauli, J. - (1.) This writ petition arises out of an order passed by the Lower Appellate Court refusing interim injunction against private defendants-respondents.
(2.) It is not disputed that these private individuals who are defendants are not under any statutory or public duty to perform the act which is sought to be enforced by the interim injunction sought.
(3.) Learned Counsel for the caveator has raised a preliminary objection that this writ petition is not maintainable in view of Full Bench decision of this Court in the case of Ganga Saran v. Civil Judge, Hapur, reported in 1991 (1) ARC 231 (FB) .;