JUDGMENT :

1. This petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs :

“It is therefore most respectfully prayed that this writ petition may kindly be allowed,

A. By an appropriate writ, order or direction order may kindly be issued and order dated 12.5.2023 passed in civil misc. case no.08/2023 titled as Banshilal Vs Iliyas & Anr and the order dated 03.06.2023 passed in civil appeal no.8/2023 titled as Banshilal vs Iliyas & ors may kindly be quashed and set aside.

B. By an appropriate writ, order or direction order may kindly issued, the application annex 2 preferred by the petitioner under order 39 Rule 1 and 2 of the CPC may kindly be allowed as prayed and the respondents may kindly be restrained by way of the Temporary injunction as prayed in the application till the final decision of the suit.

C. Any other appropriate writ, order or direction, which this Hon’ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued.

2. Brief facts of the case, as placed before this Court, by learned