THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO CIVIL MISCELLANEOUS APPEAL No.1012 OF 2010 JUDGMENT: (Per Hon’ble Sri Justice K.S. Appa Rao) This Civil Miscellaneous Appeal has been preferred by the appellant, defendant No.17, assailing the order dated 08-10-2010 in I.A. No.3932 of 2010 in O.S. No.592 of 2010 passed by the learned Chief Judge, City Civil Court, Hyderabad. 2. Heard both sides and perused the material made available on record. 3. Learned counsel appearing for the appellant urged that the trial Court has grossly erred in passing the ex parte interim injunction order without assigning any reasons and without serving notice on the appellant. He also drew our attention to the proviso under Order – XXXIX Rule – 3 of CPC, which clearly reads that the Court has to consider the mandatory provisions for issuance of ex parte interim injunction order. 4. A perusal of the impugned order would make it clear that no reason whatsoever has been assigned for granting the ex parte interim injunction. It does not disclose as to whether the mandatory provisions contained in Order – XXXIX Rule – 3 of CPC are considered before passing the same. Since the impugned order is passed without assigning any reasons and without issuing any notice to the opposite party, the same cannot be sustained and is liable to be set aside. 5. Therefore, the impugned order dated 08-10-2010 in I.A. No.3932 of 2010 in O.S. No.592 of 2010 passed by the learned Chief Judge, City Civil Court, Hyderabad, is set aside and the matter is remitted back to the trial Court for fresh adjudication on merits. The trial Court is further directed to take up the impugned application and dispose of the same in accordance with law by passing a reasoned order within a period of three (3) weeks from today and till such time the parties are directed to maintain status quo. No order as to costs. 6. With the above directions, the Civil Miscellaneous Appeal is allowed. No order as to costs. ________________ N.V. RAMANA, J January 24, 2011. ________________ K.S. APPA RAO, J NOTE: 1. Dispatch the order forthwith. 2. Communicate a copy of the order to the Court concerned forthwith. (B/O) PV