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2015 (2) TMI 1332 - KARNATAKA HIGH COURTRestraint on defendants from in any manner obstructing or hindering the activities of the plaintiff-Company, towards the construction of Multi-storied residential complex - permanent injunction sought - HELD THAT:- 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 07-01-2015 passed by the Trial Court is modified and the undertaking given by the respondent substitutes. The Order is to be set aside as the said Appeal was allowed without issuing notice to the Respondent therein (the Petitioner in this Writ Petition). The question of maintainability of the said Appeal is kept Open - Trial Court is directed to dispose of the application filed under Order 39 Rules 1 and 2 of CPC without being influenced by the above undertaking on or before 25-03-2015, in accordance with law.
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