S.B.CIVIL WRIT PETITION NO.5585/2009 (Maya Holiday Palace Hotels Pvt. Ltd. vs. Addl. Distt.Judge, Abu Road & Ors.) DATE OF ORDER : 28/5/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.J.P.Joshi, for the petitioner. This petition has been filed against the interlocutory order dated 20/5/2009 granting status quo order in a suit filed by one Swaroop Singh against the defendant Future Hotel Pvt.Ltd. Learned counsel for the petitioner – Maya Holiday Palace Hotels Pvt. Ltd. submits that the petitioner has filed an application under Order 1 Rule 10 CPC in the said suit on 22/5/2009 for being impleaded as party in the suit and submits that the petitioner has apprehension that the learned trial court may decide the application for temporary injunction under Order 39 Rule 1 and 2 CPC without first deciding the application under Order 1 Rule 10 CPC filed by the present petitioner. This Court finds no basis for such apprehension of the petitioner because if said application has been filed on 22/5/2009, which appears to have been dealt with by the concerned court and ordered to be listed on the date of arguments before the Court on the next date as would appear from the back of Annex.6 filed in this writ petition. This Court has no reason to accept the submission of learned counsel for the petitioner-applicant that his application under Order 1 Rule 10 CPC would be ignored before any final order on application under Order 39 Rule 1 and 2 CPC is made in the said suit. It goes without saying that learned trial court would consider the application under Order 1 Rule 10 CPC also in accordance with law and if the present petitioner has a say in the matter, then his application would be dealt with and disposed of in accordance with law by the trial court. With these observations, this petition is disposed of. Copy of this order be sent to trial court and opposite party for information. (DR.VINEET KOTHARI),J. Item no.s/1 baweja/-