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Judgment
Anand Byrareddy
This Regular First Appeal is filed u/s 96. Order 41, Rule -5 of Code of Civil Procedure, 1908, against the judgment and decree dated 10.6.2009 passed in O.S. No. 3760/2001 on the file of the V Additional City Civil Judge. Bangalore, decreeing the suit for specific performance and permanent injunction. order to punish Respondents 3 and 4 in accordance with law for having disobeyed the interim order granted by this Court. Objections have been filed to the application The learned counsel for the appellant seeks to file a rejoinder. Since the procedure contemplated under the CPC require; that evidence be conducted in respect of the allegation and the defence set up. It is appropriate that the matter is remanded to the Trial Court while permitting the appellant to file rejoinder in support of the application before the trial court. Hence, the appeal papers are remitted to the Trial Court accordingly. The Trial Court, after recording the evidence of the appellant as well as the respondent on the application, shall return the matter for further orders before this Court.