Anil Kumar, J.;- Heard Sri R.K. Maurya learned counsel fort he petitioner, learned standing counsel for opposite party no.1 and Sri Manish Kumar, learned counsel for the opposite party no.2. 2. The facts, in brief, as stated by the learned counsel for the petitioner that the petitioner initially filed a Suit registered as Regular Suit No. 149 of 2011 ( Mohd. Ramzan Ansari Vs. Kaushal Kumar Dwivedi) pending in the court of Civil Judge (S.D.) Malhibad, Lucknow. In the said suit, petitioner moved an application for grant of temporary injunction under Order 39 Rule (1) and (2) CPC. in which an order was passed on 28.2.2011 ( Annexure no.8 to the writ petition) . 3. In view of the above said fact, learned counsel for the petitioner submits that till date application for temporary injunction moved by petitioner/plaintiff has not been decided by the trial court hence the present writ petition has been filed with the following main prayer:- " A writ, order or direction in the nature of mandamus directing the opposite party no.2 to decide the application under Order 39 Rule 1 and 2 CPC pending in Suit No. 149/11." 4. On 1.4.2011 this court has passed the following orders:- "Learned Standing Counsel as well as Sri Manish Kumar learned counsel for opposite parties no. 1 and 2 is present today. Issue notice to opposite party no.3 in addition to regular mode of service learned counsel for the petitioner is permitted to serve opposite party no.3 outside the court for which office shall issue necessary dasti summon fixing 27.4.2011 as next date. List/put up on 27.4.2011 as fresh. In the meantime, counsel for opposite parties no. 1 and 2 shall also seek instructions in the matter in question." 5. In view of the above said fact, affidavit of service has been filed and in para -2 of the said affidavit, it has been stated as under:- " That in the aforesaid writ petition on 1.4.2011 order was passed for serving the Dasti Summon to the opposite party no.3 and the deponent has served the summon to opposite party no.3 on 12.4.2011. A true copy of the service notice is being enclosed herein as Annexure no.A-1 to this affidavit." 6. A true copy of the service notice is being enclosed herein as Annexure no.A-1 to this affidavit." 6. After hearing the learned counsel for the parties who are present today as the question involved in the present case is of trivial nature, so the present writ petition is disposed of with the direction to opposite party no.2/Civil Judge ( Senior Division) Malihabad to dispose of application for grant of temporary injunction under Order 39 Rule 1 and 2 CPC pending in Regular Suit No. 149 of 2011(Mohd. Ramzan Ansari Vs. Kaushal Kumar Trivedi) expeditiously say within a period of eight weeks from the date a certified copy of this order is produced before it in accordance with law after hearing the parties therein. 7. It is clarified that this Court has not adjudicated the claim of the petitioner on merit.