JUDGMENT Hon'ble Abhinava Upadhya, J. Heard Syed Irfan Ali, learned counsel for the petitioners and Shri Rajesh Kumar, learned counsel for the respondents. 2. A suit for permanent injunction being Suit No. 99 of 2014 was filed restraining the defendant/respondent from raising any further construction. In the said suit an application under Order 39 Rule 1 and 2 C.P.C. was also filed, in which an ex-parte injunction was granted by the trial court by order dated 18.4.2014. Aggrieved by the aforesaid order the defendant/respondent filed an appeal under Order 43 Rule 1(r) C.P.C. and the appellate court while rejecting injunction granted, remanded the matter back to the trial court to decide the same afresh after considering the objections filed by the defendant before the trial court on the application under Order 39 Rule 1 and 2 C.P.C. 3. Learned counsel appearing for the parties submit that the next date fixed for consideration of the objections as well as application under order 39 Rule 1 and 2 C.P.C. is 28.8.2014. 4. In my view no fruitful purpose will be served in keeping the writ petition pending as a direction is issued to the court below to consider afresh the application under order 39 Rule 1 and 2 C.P.C. after taking into account the objections filed by the defendant and pass appropriate orders on the next date fixed or any other short date that the court may fix. 5. Learned counsel appearing for the parties upon instruction have given an undertaking that the parties shall not seek unnecessary adjournment before the court below. With the aforesaid direction, the writ petition is finally disposed of.