Neutral Citation No. - 2025:AHC:134283 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5212 of 2024 Petitioner :- M/S Mushtaq Agro And Allied/Industry Through Its Managing Partner Mustafa Ahmed And 3 Others Respondent :- Smt Shahjahan And 4 Others Counsel for Petitioner :- Priyansh,Sr. Advocate Counsel for Respondent :- Kumar Vikrant,Sanjeev Kumar Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the order dated 14.3.2024 passed by the Appellate Court in exercise of powers under Order 41 Rule 1(r) CPC granting temporary injunction in favour of the plaintiff. 3. Contention of learned counsel for the petitioners is that the suit, as filed by the petitioners, was itself not maintainable and, therefore, no injunction could be granted by the Appellate Court. It has also been submitted by learned counsel for the petitioners that they have already filed an application under Order 7 Rule 11 CPC for rejection of plaint and the said application is pending. The question as to maintainability of the suit can only be decided in proceedings under Order 7 Rule 11 which is admittedly pending. 4. Learned counsel for the respondents-plaintiffs is granted two weeks' time to file objection, if any, to the application filed by the defendants-petitioners under Order 7 Rule 11 CPC in case the same is not yet filed. 5. In view of the above, this writ petition stands disposed of with direction to the Civil Judge (Junior Division), Rampur to consider and decide the application filed by the petitioners-defendants under Order 7 Rule 11 CPC, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 7.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad