THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO C.M.A.No.326 of 2009 JUDGMENT: (Per the Ho’nble Sri Justice B.Prakash Rao) Heard both the counsel and at their request the main appeal itself is taken up for disposal. The appellant herein is the plaintiff who filed this appeal under Order 43 Rule 1 of the Code of Civil Procedure inter alia assailing the correctness of the order dated 19-3-2009 passed in I.A.No.230 of 2009 in O.S.No.39 of 2009 purportedly filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, on the file of VI Additional District Judge where the appellant unsuccessfully sought for an injunction restraining the respondent-defendant from causing obstruction or hindrance to his business in using Vessel by name Mb Sabitha. The Court below, after contest did not find favour with the request of the petitioner, and rejected the same. Hence the appeal. During the course of the arguments, it has been pointed out by the learned counsel on either side that, the main agreement itself in pursuance of which the claim is made virtually came to an end by 15- 10-2009, and in view of the same, nothing survives in the main suit and consequently in this appeal to be adjudicated, and hence there is no need for passing any orders or going into merits of the case. The above submission of the learned counsel is placed on record and the appeal is dismissed. No costs. ____________________ B.PRAKASH RAO,J __________________ R.KANTHA RAO,J Dt:02-07-2010 Grk