MOTILAL MEMORIAL SOCIETY THRU. INTERIM COMMITTEE AND ANOTHER Vs. M/S. AGRAWAL EVENTS AND EXPORT, NIRALA NAGAR, LUCKNOW AND ANOTHER

JUDGEMENT

(1.) Rejoinder affidavit filed today in court is taken on record. Heard Mr. A.K. Tiwari, learned Senior Advocate assisted by Mr. Sudeep Kumar on behalf of the petitioners and Mr. N.K. Seth, learned Senior Advocate assisted by Mr. Tushar Hirwani, learned counsel for the respondents.

(2.) The instant writ petition has been filed under Article 227 of Constitution of India challenging the order dated 13th April, 2018, passed by Civil Judge, (Senior Division), Lucknow in Regular Suit No. 727 of 2018; M/s. Agrawal Events and Exports v. Moti Lal Memorial Society and others . It is also prayed that a direction be issued to learned Court below to consider and decide the application under Order XXXIX Rules 1 and 2 CPC in a shortest period of time fixed by this Court.

(3.) A preliminary objection has been raised by Mr. N.K. Seth, learned Senior Advocate appearing on behalf of respondents regarding maintainability of the writ petition on the following grounds: