WPMS No.2157 of 2010 Hon’ble Tarun Agarwala, J. Heard learned counsel for the petitioner. Against a sealing order passed by the Mussoorie Dehradn Development Authority, under Section 27 & 28A of U.P. Urban Planning & Development Act, 1973, the plaintiff filed a regular suit and obtained an injunction order dated 15.10.2010. It transpires that the petitioner appeared and filed objection and submitted that the suit was not maintainable nor injunction could be filed inspite of which the injunction order was granted and, since then, the matter is being adjourned for one reason or the other. The petitioner has now approached this Court seeking a writ of certiorari for quashing of the order dated 15.10.2010 as well as the entire proceedings of the suit. Having heard the learned counsel for the petitioner, this Court is of the opinion that since the objection of the petitioner is pending consideration, it would be appropriate that the trial court itself will decide the objection with regard to the maintainability of the suit as well as the prayer as to whether injunction could have granted when there was an efficacious remedy available to the petitioner under the U.P. Urban Planning & Development Act, 1973. Consequently, the writ petition is disposed of with the direction to the trial court to decide the objection of the petitioner on the date fixed i.e. 23rd December, 2010. If, for some reasons, it is not possible for the trial court to decide the objection on 23rd December, 2010, this Court hereby directs the trial court to ensure that it will decide the objection within ten days of its reopening in January, 2011. Let a certified copy of this order be provided to the learned counsel for the petitioner within 24 hours. (Tarun Agarwala, J.) Dated 21.12.2010 ML