9911796707
TMI Blog2015 (2) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... ore Rural District, Bangalore allowing the appeal and setting aside the exparte temporary injunction order dated 7-1-2015 granted in O.S.No.9/2015, filed this writ petition. 2. The petitioner filed a suit seeking for permanent injunction restraining the defendants from in any manner obstructing or hindering the activities of the plaintiff-Company, towards the construction of Multi-storied residential complex and acting in any manner that is inconsistent with the Development Agreement dated 27-09-2012 and also for other reliefs. 3. In the said suit, an application under Order 39 Rules 1 and 2 of CPC was filed seeking for ex-parte order of temporary injunction. The Trial Court after considering the matter in detail found that if the ex-part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Liberty is reserved to the parties to move for vacating the interim order and also for early disposal of the matter before the Trial Court. 5. During the pendency of the above writ petition, the parties to the dispute have filed a joint memo requesting the Court to modify the ex-parte temporary injunction granted on 7-1-2015. At paragraph 2 of the joint memo, the respondents have undertaken that they will not act in any manner that is inconsistent with or detrimental to the rights of the petitioner-Company under the Joint Development Agreement dated 27-09-2012 or General Power of Attorney dated 27-09-2012 till consideration of the application filed by the plaintiff. In view of the undertaking given by the respondents, the order dated 07- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isposal of the I.A.Nos.1 and 2 in O.S.No.9/2015 bythe Hon'ble Trial Court. 5. The order dated 07.01.2015 in I.A.No.1 in O.S.No.9/2015 (as passed by the Hon'ble Court of the II Additional Senior Civil Judge (Bengaluru Rural District, Bangalore Rural)] is to be substituted by the above undertaking given by the Respondents. 6.The Hon'ble Trial Court, namely the Hon'ble Court of the II Additional Senior Civil Judge (Bengaluru Rural District, Bangalore Rural), may be directed to hear the parties and dispose of the I.A.Nos.1 and 2 in O.S.No.9/2015 without being influenced by the aboveundertaking on or before 25.03.2015 and in accordance with law. 7. Accordingly, this writ petition is allowed in terms of the joint memo filed by the parties an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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