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Judgment
Though the matter is listed for admission, with the consent of learned counsel for the parties, the appeal is finally heard and disposed of.
The present Miscellaneous First Appeal is filed by the defendant No.1 in O.S.No.2935/2015 on the file of the XXIX Addl. City Civil and Sessions Judge, Bengaluru, challenging the order dated 17.01.2017 allowing the application filed by the plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure.
The main grievance of the appellant in the present appeal is that the Trial Court has not given an opportunity of hearing the first defendant before passing the impugned order. If that is so, it is always open for the first defendant to file an application under Order XXXIX Rule 4 of Code of Civil Procedure, for vacating temporary injunction.
In view of the same, without adverting to the merits and demerits of the case, it is suffice to dispose of the above appeal, reserving liberty to the appellant/first defendant to file an application before the Trial Court, under Order XXXIX Rule 4 of Code of Civil Procedure. If such an application is filed, it is for the Court below to consider the same and pass orders in accordance with law.
The interim order of status quo granted by this Court shall enure to the benefit of the appellant for a period of one month.
Office is directed to send back the lower Court records, forthwith.
Miscellaneous First Appeal is disposed of.