Hon'ble Rajesh Chandra,J.
Petitioner has admittedly filed original suit no. 630 of 2010 before the Civil Judge, Senior Division, Jaunpur. He also made an application for grant of temporary injunction and prayed for ex- parte interim protection till consideration of the application 6-C. The court concerned rejected the prayer for ex parte injunction vide order dated 29.05.2010 and has directed notices be issued on temporary injunction application.
The order dated 29.05.2010 is not under challenge before us. Petitioner however prays for a mandamus restraining respondent no. 2 and 3 from raising construction over the plot in question, which is the prayer made in the injunction application.
We are of the considered opinion that so long as the order dated 29.05.2010 stands on record, no mandamus as prayed can be issued. Even otherwise, no mandamus can be issued against the private respondents. The petition is misconceived and is dismissed. However, the petitioner is at liberty to seek redressal of his grievance before the appropriate court against the order dated 29.06.2010.
Order Date :- 24.6.2010 yachna