- (1.) This first miscellaneous appeal is directed against an order of refusal to grant ad interim injunction in the plaintiffs' suit for declaration and injunction. This appeal was admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure and an interim order was also passed directing the parties to maintain status quo. The said interim order of status quo is continuing since 6th August, 2012.
(2.) An application for vacating the said interim order has been filed by the respondent nos. 1 and 2. The same is yet to be disposed of. Under such circumstances, the respondent nos. 1 and 2 have taken out the present application inviting this Court to dispose of the appeal by directing the learned Trial Judge to dispose of the plaintiffs' application for temporary injunction after giving them leave to file their respective affidavits in connection with the temporary injunction proceeding.
(3.) Considering the facts and circumstances as stated above, we dispose of this appeal by permitting the defendants/respondents herein to file affidavit-inopposition to the plaintiffs' application for temporary injunction within three weeks from date; reply, if any, be filed by the plaintiffs/appellants within a week thereafter.;