IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2138 of 2009 1. Shri Bharat Ji Maharaj an Idol installed in the Mandir Shri Bharat Ji Maharaj Rishikesh through Mahant Ashok Prapann Sharma. 2. Ashok Prapann Sharma Mahant and Gaddi Nasin and Manager Mandir Shri Bharat Ji Maharaj, Rishikesh, Dehradun. … Petitioners. Versus Jai Guru Sampradaya, Delhi, through the present President S.Mukherjee, Rishikesh Ashram behind S.S.B. Transit Camp, Near Kailash Gate, Rishikesh. … Respondent. Sri L.K.Tiwari, Advocate, learned counsel for the petitioners. Date December 18, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioners and perused the record. By means of this writ petition, the petitioners have sought the following reliefs:- “i) quash the proceedings of original suit No. 20 of 2008 Jai Guru Sampradaya Vs. Mahant Ashok Prapann Sharma and another pending before the court of learned District Judge Tehri Garhwal. ii) pass any other and further order which this Hon’ble Court may deem fit and proper under the circumstances of the case. iii) award the cost of petition in favour of the petitioner.” According to the petitioners, the respondent has instituted a suit for permanent injunction bearing Original Suit No. 20 of 2008 against the petitioners in the court of the District Judge Tehri Garhwal, which is pending. During the course of arguments, learned counsel for the petitioners has contended that the petitioners have also filed an application under Order 7, Rule 11 of the Civil Procedure Code, 2 which is still pending for disposal, but the trial court i.e. District Judge, Tehri Garhwal, without deciding the application, is proceeding further in the suit. Learned counsel for the petitioners has urged that a direction may be issued to the trial court to decide the application of the petitioners/defendants under Order 7, Rule 11 C.P.C. first before proceeding further in the suit and the writ petition be disposed of finally today itself at the admission stage. Prayer is innocuous. Accordingly, the District Judge Tehri Garhwal is directed to decide the application moved by the petitioners/defendants under Order 7, Rule 11 C.P.C. in the Original Suit No. 20 of 2008 Jai Guru Sampradaya Vs. Mahant Ashok Prapanna Sharma and another (copy Annexure-5 to the petition) in accordance with law after hearing the plaintiff- respondent. With the said direction, the writ petition is disposed of. ( B.S.Verma, J.) RCP 3