WPMS No. 1724 of 2009 Hon. Prafulla C. Pant, J. Shri Sudhir Kumar, Advocate for the petitioners. Heard. By means of this writ petition, the petitioner has challenged the order dated 22.03.2006, passed by Civil Judge, Jr. Div., Haridwar, in suit No. 277 of 2004, whereby temporary injunction is granted in favour of the plaintiff, and order dated 23.04.2009, passed by District Judge, Haridwar in Misc. Appeal No. 21 of 2006, whereby the order passed by the trial court, is affirmed. It appears that plaintiff instituted the suit for mandatory injunction and also for the prohibitory injunction, against the defendant (present petitioner) claiming that the disputed land is rasta land over which the defendant is raising construction. The trial court after hearing the parties found it to be a fit case to grant temporary injunction restraining the defendant from raising further construction over the land in suit. The appellate court before whom the defendants challenged the order passed by the trial court also concurred with the view of the trial court. Both the courts have considered prima facie case, balance of convenience and irreparable loss. In the above circumstances, in the writ jurisdiction, this Court is not inclined to interfere with the impugned orders, as it is not desirable for this Court to re-examine the factual aspect of the matter. Therefore, without prejudice to the rights of the parties in the suit, the writ petition is dismissed summarily with the observation that the trial court shall proceed and decide the suit as expeditiously as possible, without being influenced by the observation in the impugned orders. (Stay application No. 8790 of 2009, also stands dismissed). (P. C. P., J.) Dt. 14.10.2009 S