RAJIV SHARMA,ANIL KUMAR,J - (1.) WE have heard Sri I.P. Singh, learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of op­posite parties No.1 to 4 and Sri R.N. Gupta, learned Counsel appearing on behalf of opposite party No.5.
(2.) BY means of the present writ petition, the petitioners have prayed for the following relief: "i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties No.2 to 5 that they ensure the peaceful possession of the petitioner at Plot No.541 (Old No.327) situated at village Ahirauli, Saloni, Pargana-Pashchim Rath, Tehsil Milkipur, District Faizabad. ii. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties No.2 to 5 that they restrain to the opposite party No.6 to 22 that they not disturbed in the peaceful possession of the petitioner and not cut the trees, which are aged about 20-80 years old situated at Plot No.541 (Old No.327) situated at village Ahirauli, Saloni, Pargana Pashchim Rat, Tehsil Milkipur, District Faizabad. iii. Issue a writ order or direction which this Hon'ble Court may deem, fit and proper under the circumstances of the case. iv. Allow the writ petition with cost in favour of the petitioner." In Nutshell, the case of the petitioner is that the dispute relates to Gata No.541 (Old No.327) situate in Village Ahirauli Saloni, Pargana Pashchim Rath, Tehsil Milkipur, district Faizabad. On the said plot old trees aged about 20-80 years and oldest bushes are situated. On 20.10.2007, the opposite party No.5 informed the petitioner that some persons of the village is going to allot the patta upon Gata No.541 and as such, petitioner filed a suit, which was numbered as Civil Suit No.700 of 2007 before the Civil Judge (Junior Division), Sardar, Faizabad or permanent injunction along with an application for temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure and the trial Court, after considering the application and objection, rejected the petitioner's applica­tion for temporary injunction by the order dated 16.4.2008 inter alia on the grounds that the petitioner has no prima facie case and no balance of convenience is in his favour and no irreparable loss is going to cause to the petitioner. Feeling aggrieved, the petitioner preferred an appeal before the District Judge, Faizabad and the District Judge, Faizabad, vide order dated 4.10.2008, while allowing the appeal partly, set-aside the order dated 16.4.2008 and further directed the trial Court to dispose of the original case by 31.10.2008 and also directed the parties to maintain status quo with regards to the trees standing on land No.327.
(3.) COUNSEL for the petitioner submits that after passing the order dated 4.10.2008, the opposite parties were not disturbing the peaceful possession of the petitioner but all of a sudden under the political pressure of District Coordina­tor of B.S.P., the opposite party Nos.2 to 5 trying to give the possession to the opposite parties No.2 to 22 with the intention to cut the trees and grab the land. Thereafter, the petitioner moved an application before the opposite party No.2 on 3.8.2009 but of no avail and as such, he preferred an application under Section 151 of CPC before learned Small Causes Court, Faizabad that the said patta holders are trying to cut the trees and construction new construction, on which, the trial Court has fixed the date, for disposal of the application for 22.8.2009.;