Petitioner's Original Suit No.174 of 2009 Shiv Poojan Singh vs. Rahul Singh and another is pending. In the said suit, it is said that the petitioner moved application for temporary injunction on which dates are being fixed but no final orders are being passed with the result the defendants-respondents are taking advantage and are proceeding with the construction activity.
In this view of the matter, the petitioner has confined his prayer for the grant of order of status quo. It is not possible in exercise of writ jurisdiction when the application for interim injunction is pending consideration before the court below.
Accordingly, writ petition is disposed of with the direction to the court concerned to consider and decide the interim injunction application of the petitioner in accordance with law as expeditiously as possible preferably within a period of 6 weeks from the date of production of the certified copy of this order.
Writ petition disposed of.
Order Date :- 11.10.2010 piyush