Ex parte interim injunction can be modified by accepted undertaking, while pending injunction merits remain for independent trial court decision.

An ex parte interim order affecting a party's rights may be replaced by an accepted undertaking from the opposite party, with the interim protection modified accordingly. The Karnataka High Court noted that the appellate order setting aside the ex parte injunction had been passed without notice to the contesting respondent, and the parties later filed a joint memo under which the respondents undertook not to act inconsistently with the petitioner's rights under the development agreement and power of attorney. The undertaking was accepted in substitution of the earlier interim order, while the trial court was left to decide the pending injunction applications independently and within a fixed time.

---

---

Issues: Whether the ex parte order passed in the miscellaneous appeal without notice to the contesting respondent was liable to be set aside and the temporary injunction modified in terms of the parties' joint memo.

Analysis: The appellate order setting aside the ex parte injunction was made without issuing notice to the respondent in the writ petition. During the pendency of the writ petition, the parties filed a joint memo under which the respondents undertook not to act in a manner inconsistent with the petitioner's rights under the development agreement and power of attorney. The undertaking was accepted as a substitute for the earlier ex parte interim order, and the trial court was directed to decide the injunction applications independently and within a fixed time.

Conclusion: The ex parte appellate order was set aside and the ex parte temporary injunction was modified in terms of the joint memo; the petitioner succeeded.

Final Conclusion: The writ petition was disposed of by giving effect to the parties' agreed undertaking, restoring interim protection in modified form, and leaving the merits of the pending injunction applications to be decided by the trial court in accordance with law.

Ratio Decidendi: An ex parte interim order affecting a party's rights may be replaced by an accepted undertaking of the opposite party, while the substantive injunction dispute is left for independent adjudication.

---