CW 757/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.757/08 Pushpendra Kumar Jain Versus State & Ors. DATE OF ORDER : 20/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Vipul Jaiman for Mr. V.S. Chauhan, for petitioner Mr. S.C. Gupta ] Mr. K. Verma for ] for respondents Mr. S. Kasliwal ] *** Instant petition has been filed by petitioner seeking mandamus against non-petitioner Nos.6 & 7 from carrying out the business of petroleum products in the name & style of M/s. Mishri Lal Jain & Sons. In the reply filed by the contesting respondent, it has been averred that suit for permanent injunction along with application for temporary injunction was filed by the present petitioner for same relief which he claimed in the instant petition and application for temporary injunction filed by him has already been dismissed by the learned trial Judge and the fact of their inter se dispute raised in the instant petition is pending before Civil Court, has been concealed by the petitioner while filing CW 757/08 [2] instant petition. However, in the rejoinder copy of application for temporary injunction and the ordersheet which appears to be the self-same dispute raised in the instant petition. Once the dispute is pending before Civil Court and being disputed question of fact, certainly could not have been examined by this court U/Art.226 of the Constitution of India. Consequently, writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA757CW08 20-3.doc