Hon’ble Ran Vijai Singh, J.—Heard Sri B.N. Agrawal assisted by Sri Sanjay Agrawal, learned counsel for the petitioners and Sri Choudhary Subhash Kumar, learned Standing Counsel appearing for the contesting respondents.

2. Learned counsel for both the parties are agreed that this writ petition may be decided finally without any further exchange of affidavits at this stage. Therefore, the writ petition is taken up for final disposal.

3. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 31.5.2013 passed by the In-charge, District and Sessions Judge, Jalaun, by which the petitioners’ application for interim protection in appeal No. 43/2013 (Pawan Singh and another v. Rameshwar Prasad) has been rejected for non-compliance of sub-rules (3) and (5) of Rule 5 of Order 41 of the Code of Civil Procedure, 1908 (in short, ‘CPC’). It appears, a suit was filed against the petitioner by the respondents for demolition, delivery of possession and payment of damages. The suit was decreed on 10.5.2013 with the direction to the petitioners to hand over the possession to the plaintiff and also pay Rs. 10 per day towards damages fro