Saeed-Uz-Zaman Siddiqi, J. - (1.) Heard learned counsel for the petitioner as well as learned counsel for the opposite party No. 1 & 2.
(2.) By means of this writ petition, petitioner has sought for writ in the nature of mandamus commanding Learned Civil Judge (Junior Division), Akbarpur, District- Ambedkar Nagar to decide the application for temporary injunction Under Order 39 Rule 1 and 2 C.P.C. in filing Regular Suit No. 560 of 2012, which is pending before the learned Trial Court.
(3.) A perusal of the copy of the plaint shows that the petitioner has filed a suit before the learned Trial Court that he has inherited the disputed property from his maternal grandmother, which was lying abandoned after her death on the basis of registered will dated 23.07.2005. The defendants are interfering in the possession of the plaintiff, hence the suit was filed on 24.09.2012. The learned trial court has not issued any interim relief. The petitioner has filed photographs to show that the defendants are raising construction over the disputed property.;