JUDGMENT Ritu Raj Awasthi, J. Heard learned counsel for petitioner as well as Mr. A.R. Khan, learned counsel for respondent no. 2. No one has put in appearance for respondents no. 3 and 4. 2. Mr. A.R. Khan, learned counsel for respondent no. 2 submits that respondents no. 3 and 4 are proforma parties. 3. The writ petition has been filed challenging the order dated 30.1.2015 passed in Regular Suit No. 26 of 2015 (Ahmed Hussain Vs. Kamruddin & Ors.). It is further prayed that respondent no. 1/Civil Judge (Senior Division), Bahraich be directed to pass appropriate orders for preservation of suit property during pendency of the case. 4. Learned counsel for petitioner submits that the respondents no. 2 and 3 intentionally and forcefully encroached the land of petitioner in connivance with the local police and started doing illegal construction work upon the land of the petitioner. The City Magistrate, Bahraich on an application moved by the petitioner called upon the report and vide order dated 29.12.2014 had directed to stop construction, however, in spite of the said order, the construction was not stopped. Thereafter, the petitioner has filed a suit for permanent injunction, which has been registered as Regular Suit No. 26 of 2015. The respondents have been impleaded as defendants in the said suit. The petitioner had fully demonstrated his grievance before the learned Court below showing extreme urgency in the matter, however, the learned Court below instead of granting temporary injunction has issued notices to defendants and has appointed Court Commissioner. The application for temporary injunction is pending disposal. 5. It is further informed by learned counsel for petitioner that the next date fixed in the suit is 21.7.2015. The defendants who are respondents no. 2, 3 and 4 in the present writ petition have put in appearance. 6. Mr. A.R. Khan, learned counsel appearing for respondent no. 2 submits that his client has filed objection before the learned Court below, however, due to the tactics adopted by the petitioner in whose favour an interim order is operating, the disposal of the temporary injunction application is being delayed. 7. I have considered the submissions made by the parties' counsel and gone through the records. 8. This Court vide order dated 23.2.2015 while issuing notices to respondents no. 7. I have considered the submissions made by the parties' counsel and gone through the records. 8. This Court vide order dated 23.2.2015 while issuing notices to respondents no. 2 to 4 has directed the learned Trial Court to expedite the proceedings for disposal of the application under Order XXXIX Rules 1 and 2 CPC and conclude the same within a period of two months from the date of production of certified copy of the order. It is further directed that till disposal of the said application as an interim measure respondents shall not raise any construction over the property in suit. 9. The order dated 23.2.2015 on reproduction reads as under: "Notice on behalf of respondent no.1 has been accepted by Shri U.N. Misra, Advocate. Issue notice to respondent nos.2 to 4 returnable at an early date. Petitioner to take steps by 26.02.2015. It has been stated by the leaned counsel for the petitioner that the defendants have put in their appearance before the learned trial court. He, however, further states that the defendants despite having been directed by the learned City Magistrate/Prescribed Authority concerned under the Regulation of Building Operations Act are unabatedly raising construction over the property in suit. He, however, states that the next date fixed before the learned trial court is 18.03.2015. In view of the aforesaid fact, accordingly, it is provided that the learned trial court will expedite the proceedings of the application moved by the petitioner under Order 39 Rule 1 & 2 of the CPC and conclude the same within two months from the date of production of certified copy of this order. Till the disposal of the said application moved by the petitioner under Order 39 Rule 1 and 2 of the CPC, as an interim measure, it is provided that respondents shall not raise any construction over the property in suit. This order will, however, abide the decision which will be taken by the learned trial court on the application moved by the petitioner-plaintiff under Order 39 Rule 1 and 2 of the CPC." 10. Learned counsel for petitioner has informed that the certified copy of the order dated 23.2.2015 has been filed before the learned Court below. It is also informed that the application under Order XXXIX Rules 1 and 2 CPC has not been decided so far. 11. Learned counsel for petitioner has informed that the certified copy of the order dated 23.2.2015 has been filed before the learned Court below. It is also informed that the application under Order XXXIX Rules 1 and 2 CPC has not been decided so far. 11. Considering the submissions made by the parties' counsel, I am of the view that no fruitful purpose would be served in keeping the writ petition pending here.? As such, with the consent of parties' counsel, it is hereby finally disposed of with the following directions/observations: (i) Respondents would be at liberty to move an appropriate application to expedite the disposal of temporary injunctions application which is said to be pending; and in case any such application is moved, the learned Court below shall fix a short date and expedite the disposal of the temporary injunction application giving opportunity of hearing to the parties concerned. (ii) No unnecessary adjournments shall be granted by the learned Court below. (iii) Learned counsel for petitioner as well as learned counsel for respondent no. 2 have given undertaking before this Court that they will not seek any adjournment and would cooperate in early disposal of the temporary injunction application. (iv) The learned Court below shall make all possible endeavour to decide the temporary injunction application on the next date fixed. In case it is necessary to grant any adjournment, short dates shall be fixed and the application for grant of temporary injunction application shall be decided, expeditiously, say within a period of one month from the date of production of certified copy of this order. (v) Till disposal of the application moved under Order XXXIX Rules 1 and 2 CPC, no construction shall be raised over the property in suit by either of the parties. 12. This order has been passed as the time granted by this Court vide order dated 23.2.2015 for disposal of the temporary injunction application has expired. The writ petition is disposed of.