IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Writ Petition No. 457 of 2011 (M/S) Chandan and another ..… Petitioners Versus Shri Nanku and others ..… Respondents Mr. Tapan Singh, Advocate for the petitioners. Hon’ble Tarun Agarwala, J. The petitioners has filed the present writ petition for the following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 3 not to interfere in the peaceful possession of the petitioners and not to raise any construction over the property in dispute himself and through his agent, servants and successor. ii) Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner. iii) Cost of the petition be awarded in favour of the petitioners.” From a perusal of the writ petition, the Court finds that the petitioners had filed a suit No. 18 of 2011 on 3rd March, 2011 in which 4th April, 2011 has been fixed for consideration of the injunction application. By the order of 11th March, 2011, the Court has given a last opportunity to the defendant and has directed that the injunction application would be considered on 2nd April, 2011. Notwithstanding the aforesaid pendency of the injunction application before the trial court, the petitioners has filed the present writ petition praying for a similar injunction. In my opinion, this writ petition is not maintainable nor such injunction can be granted, especially, when the Court finds that the petitioners has already instituted a suit and the application for grant of temporary injunction has already been filed in which 2 2nd April, 2011 has been fixed. In the light of the aforesaid, the decisions cited by the learned counsel for the petitioner in Surya Dev Rai Vs. Ram Chandra Rai and others, (2003) 6 SCC 675 and in Maharwal Khewaji Trust (Regd.), Faridkot Vs. Baldev Dass, (2004) 8 SCC 488 has no application whatsoever. The writ petition is accordingly dismissed. (Tarun Agarwala, J.) Dated 17th March, 2011 Shiv