Hon’ble Anil Kumar, J.—Heard Shri A. R. Khan, learned counsel for the petitioner,ýÿ Shri P. V. Chaudhary, learned counsel for the respondent as well as learned State Counsel and perused the record.

2. Facts in brief of the present case are thatýÿ initially theýÿ plaintiff/petitioner filed a regular suit bearing Suit No. 598 of 2001 before the Civil Judge (Junior Division), District-Pratapgarh for permanent injunction.

In the said matter, he moved an application under order XXXIX Rule 1 and 2 C.P.C. for grant of temporary injunction, allowed by the trial Court by order dated 10.4.2001.

Aggrieved by the said facts, respondent filed an appeal bearing Appeal No. 16/01 “Mohd. Safik v. Mohd. Zamil”, allowed by judgment and order dated 10.10.2002 (Annexure 1) and the temporary injunction granted by the trial Court has been vacated. Aggrieved by the said facts, the present writ petition has been filed before this Court.

3. On 15.11.2002, this Court has passed an interim order, the relevant portion is reproduced herein below :

“Till further orders of this Court, the operation and enforcement of the impugned order dated 10.10.2002 shall remain stayed.”

4. In order to decide the contr