JUDGMENT After hearing the learned counsel for the parties I feel totally disinclined to interfere in any manner with the impugned orders. 2. The petition is dismissed. 3. Temporary injunction application has not been disposed of despite specific direction about its expeditious disposal issued by this Court in this Court’s order dated 2nd September, 2008 passed in Writ Petition No. 1528 of 2008 (M/S). 4. Be that as it may, I now issue specified direction that temporary injunction application on being taken up before the framing of the issues shall be heard and disposed of very-very expeditiously and without any delay. 5. I am told that the temporary injunction application is listed for orders in the trial court tomorrow. I direct the trial court to take up the temporary injunction application on day-to-day basis and dispose it of accordingly. It goes without saying that while dealing with and disposing of the temporary injunction application the nature of the prima facie case, being an important consideration in granting or declining the temporary injunction shall undoubtedly be kept in consideration. 6. Mr. Alok Singh, learned Senior Counsel submits that the suit is now maintainable and that the petitioner be permitted, while arguing upon the temporary injunction application, to argue the aspect of the maintainability of the suit. 7. The prayer seems to be innocuous because in my considered opinion, whenever, while disposing of a temporary injunction application the prima facie nature of the case, come up for consideration it includes the question of maintainability or non-maintainability of the suit. If the court seized of the temporary injunction application while considering the prima facie nature of the case, for instance, is of the opinion that the suit is not maintainable, naturally it will have a return a finding that prima facie the plaintiff has no case. If however it comes to a conclusion that the suit is maintainable, the prima facie nature of the case, of course, shall be decided in favour of the plaintiff of course after considering all other relevant aspects. 8. Certified copy of this order be issued to the learned counsel for the parties today itself. Otherwise also, the parties are at liberty to take down the gist of this order and convey it orally to the court below tomorrow.