Heard Sri Virendra Kumar Shukla, learned counsel for the petitioner and Sri Nitish Kumar, Advocate holding brief of Sri Manish Kumar, learned counsel for the respondents.

2. In brief the facts of the present case are that the petitioner filed a suit for permanent injunction before the O.P. No. 1 registered as Suit No. 216 of 2010 Ram Charitar and others Vs. Hari and others, in the same he moved an application for temporary injunction under Order 39 Rule 1 CPC (application No. 7Ga2), came up for consideration before the O.P. No. 1 on 06.09.2010 and after hearing the learned counsel for the petitioner, the court below was of the opinion that before granting the ex-parte injunctionin favour of the petitioner/plaintiff, it is necessary to hear the defendants. Accordingly notices were issued and the next date fixed was 22.09.2010.

3. Learned counsel for the petitioner submits that on 22.09.2010, the matter could not be taken up due to some unavoidable reasons, hence the present writ petition has been filed by the petitioner challenging the impugned order dated 06.09.2010 (Annexure-1) passed by O.P. No. 1.

4. I have heard the counsel for the parties and gone through the reco