Devendra Kumar Upadhyaya, J. - (1.) Heard Shri Manik Sinha, learned counsel for the petitioners and Shri U.N. Misra, learned counsel, who has received oral instructions.
(2.) The prayer made in this writ petition is to the effect that a writ in the nature of Mandamus be issued to the learned trial court below to decide the application moved by the petitioners-plaintiffs for grant of interim injunction under Order 39, Rule 1 and 2 of the Code of Civil Procedure and further to direct the opposite parties no.2 and 3 not to disturb the peaceful possession of the petitioners over the property in suit during the pendency of the said application under Order 39, Rule 1 and 2 of the CPC.
(3.) On the basis of instructions received, Shri U.N. Mishra has submitted that in fact after institution of the suit, the defendants have put in their appearances, however on various occasions, adjournments have been sought by both, the plaintiffs as well as the defendants.;