B.S.Chauhan, J. - (1.) This writ petition has been filed for directing the respondents not to interfere with the shop and plot of the petitioners and further prohibit the respondents not to trespass into the possession of the petitioners' plot without having any right.
(2.) Petitioners' grievance is that the respondent No. 5 who is his cousin brother, has executed an agreement with the respondent No. 4, the Managing Director of Reliance India, Lucknow in respect of the property in dispute and the respondent No. 4 to start with the construction over the said land with the collusion of respondent No. 5, though the respondent No. 5 did not have any authority to transfer the rights in favour of the respondent No. 4.
(3.) The learned Standing Counsel appearing for respondents has submitted that as a suit between the parties is pending and against the order passed therein a F.A.F.O. No. Nil of 1984, has been filed in which this Court vide order dated 10.5.1984, stayed the further proceedings in the Civil Court, Gyanpur, District Varanasi, this would not be desirable for this. Court to interfere in the matter as the petitioners, raise the dispute questions of fact, particularly, regarding the title etc., and in case petitioners are aggrieved, they should file a suit or should make a prayer in the earlier suit after getting the disposal of the aforesaid F.A.F.O.;