1. This Court had issued a notice for final disposal and had granted ad-interim stay of further proceedings of Regular Civil Suit no. 62/08/A.

2. Office report indicates that notice of writ and stay of proceedings is issued. However, the respondents have not appeared though served.

3. The Petition, therefore, had come up for final disposal.

4. Present Petitioner is a defendant in the Regular Civil Suit no. 62/08/A. It is a suit for perpetual injunction what is prayed against the defendant no.3 seeking restraint against him that he shall not alienate or create any third party interest in the suit shed in any manner.

5. Petitioner herein, who is the defendant no.1, has filed application under Rule 11 of Order VII of C.P.C. Objection as to maintainability of suit is raised, contents whereof could better be read by quoting as follows:

2. The plaintiff has neither complied with the mandatory requirement as required under Section 52A of the said act nor does the plaint disclose and / or indicate of the Plaintiff having complied with the mandatory requirement of section 52A of the said act.”

(Quoted from page 99 of the application under Rule 11 of Order VII of C.P.C.)

6.