Hon'ble Anil Kumar, J. - Heard Sri Anurag Narain, learned counsel for the petitioner and Sri Manish Kumar learned Counsel for opposite parties no. 1 and 2. By means of the present writ petition, the petitioner has challenged the impugned order dated 10.2.2010 (Annexure no.1) and 25.11.2009 ( Annexure no.2) passed by opposite party no.1 and 2 respectively.

2. The facts, in brief, for disposal of the controversy involved in the present writ petition are that the opposite parties/ plaintiffs filed a suit for permanent injunction against the petitioner/defendant registered as Regular Suit no. 362 of 2000 in the Court of Civil Judge ( Junior Division), East, Hardoi.

3. In the said suit, petitioner/defendant filed written statement in the year 2002 and the trial court framed issues on 25.2.2002.

4. Issue no. 5 on the point of valuation of the suit and this issue was decided as preliminary issue.

5. After a gap of about nine years , plaintiff/defendant filed two applications numbered as paper no. 44C and 47C with a prayer that the additional issue be framed that the present suit is barred by principle of res judicata and it is prayed that this issue be decided as preliminary iss