Sibghat Ullah Khan, J. - (1.) Heard learned counsel for the petitioner and Sri Mohd Azad Khan, learned standing counsel respondents 1 to 4 Jal Sansthan, Banda and its authorities.
(2.) Respondent no.5 Trilochan Prasad who is tenant has filed O.S. no.240 of 2012. Initially only Jal Sansthan authorities respondent nos. 1 to 4 were defendants in the suit. Afterwards petitioner who is landlord filed impleadment application which was allowed and he was impleaded as defendant no.5 in the suit.
(3.) Through this writ petition prayer for issuing writ of certiorari quashing the proceedings of the suit has been made. (It is infact prayer for writ of prohibition). Writ petition is disposed of with liberty to the petitioner to file application under Order 7 Ruled 11 C.P.C. before trial Court/Civil Judge (J.D.) Banda. If such an application is filed it shall be decided by the trial court expeditiously and before proceeding further with the suit.;