B MYLARAPPA Vs. K R SAGAR

JUDGEMENT

(1.) Heard Sri Jayakumar S. Patil, learned Senior Counsel for the appellant and Sri S.M.Chandrashekar, learned Senior Counsel for the respondent Nos.3 and 4, and also perused the impugned order.

(2.) This appeal is filed by the plaintiff in O.S.No.1057/2017 on the file of the XIX Addl. City Civil and Sessions Judge, Bengaluru, (for short, 'Civil Court') whereby, the civil Court by the impugned order dated 17.7.2017 has allowed the application (IA No.VII) filed by the defendant Nos.1, 3 and 4 under Order XXXIX Rule 4 of Code of Civil Procedure,1908 vacating the ex parte interim order of temporary injunction. As such, this miscellaneous first appeal.

(3.) The learned Senior Counsel do not join debate on the following: