RITU RAJ AWASTHI,J. - (1.) Rejoinder affidavit filed today in court is taken on record. Heard Mr. A.K. Tiwari, learned Senior Advocate assisted by Mr. Sudeep Kumar on behalf of the petitioners and Mr. N.K. Seth, learned Senior Advocate assisted by Mr. Tushar Hirwani, learned counsel for the respondents.
(2.) The instant writ petition has been filed under Article 227 of Constitution of India challenging the order dated 13th April, 2018, passed by Civil Judge, (Senior Division), Lucknow in Regular Suit No. 727 of 2018; M/s. Agrawal Events and Exports v. Moti Lal Memorial Society and others . It is also prayed that a direction be issued to learned Court below to consider and decide the application under Order XXXIX Rules 1 and 2 CPC in a shortest period of time fixed by this Court.
(3.) A preliminary objection has been raised by Mr. N.K. Seth, learned Senior Advocate appearing on behalf of respondents regarding maintainability of the writ petition on the following grounds: (1) The petitioner no.2 is a party before the learned court below in the said suit, as such, writ petition on his behalf is maintainable, (2). There is no authorization to file the writ petition on behalf of petitioner no.1 as the vakalatnama has been signed by petitioner no.2 only, as such, writ petition is maintainable, (3) The petitioners have a statutory remedy of filing an application for vacation of ex-parte interim order under Order XXXIX Rule 4 CPC. The petitioners have also a remedy of filing misc. appeal under Order XLIII Rule 1 (r) CPC. The statutory remedies have been exhausted by the petitioner before approaching this Court, as such, writ petition is maintainable.;