Prakash Krishna, J. - (1.) CHALLENGING the order dated 3rd December, 2011 passed in Misc. Appeal No. 71 of 2011, the present writ petition is at the instance of the plaintiff of Original Suit No. 43 of 2011. The present writ petition arises out of the proceedings for grant of temporary injunction during pendency of the suit.
(2.) THE background facts of the case may be noticed in brief. The petitioner claiming himself as tenant of a shop, filed the suit for permanent injunction restraining his landlord -respondent no. 1 from evicting him otherwise in due course of law. He also filed an application for grant of temporary injunction. The said application was allowed by the trial court by the order dated 17th March, 2011. The said order in appeal has been modified by the impugned order by providing that the petitioner shall not be evicted from the property in dispute otherwise in due course of law. The other part of the order of the trial court directing the parties to maintain status quo has been set aside. The petitioner is aggrieved by this part of the appellate order.
(3.) THE petitioner -tenant claims himself that he is tenant of the shop, situate in the building in question, for the last about 50 years. The proceedings were initiated by the Nagar Nigam, Varanasi against the owner and the landlord for demolition of the building in question on the ground that it is in dilapidated condition and it amounts public nuisance. The order dated 18th June, 2010 of demolition was passed by the Municipal Commissioner.;