RAVI R. TRIPATHI, J. ( 1 ) AT the joint request and with the consent of the learned Advocates for the parties, the matter is taken up for final disposal today. ( 2 ) THE Appeal From Order is filed by the appellant being aggrieved of order dated 29th June, 2004 passed by the learned Civil Judge (S. D.), Rajkot below exh. 5-Application in Special Civil Suit No. 67 of 2004. ( 3 ) HAVING heard the learned Advocates for the parties and perused the impugned order, it is clear that the impugned order passed below Exh. 5-Application does not contain the reasons for granting ex parte injunction, required under rule-3 of Order-XXXIX of the Civil procedure Code. Proviso to rule-3 of Order XXXIX reads: "provided that where it is proposed to grant injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and required the applicant. . . . ". (emphasis supplied) in view of the decision of this Court (Coram:j. M. Panchal, J.) in Appeal From Order No. 29 of 1994 dated 29th January, 1994 and in view of the decision of this Court in the matter of Nautamswamy Guru Vasudev vs. Harjibhai Nanjibhai Bhimani, reported in 2004 (1) g. L. R. 827, the learned Judge was duty bound to record the reasons for granting ex parte injunction on 29th june, 2004, which continued to be operative until an order was passed by this Court in Civil Application no. 5452 of 2004 on 20th July, 2004. ( 4 ) THE learned Advocates for the parties are in a broad agreement on the point that as the order under challenge does not contain reasons for forming the opinion, as required under the proviso aforesaid, the same be quashed and set aside. ( 5 ) HENCE, in view of the consensus arrived at between the learned Advocates for the parties and also for the reasons mentioned hereinabove, the impugned order is quashed and set aside. It is directed that the learned Judge shall pass a fresh order on exh. 5-Application and before doing so, shall give an opportunity to all the parties. ( 5 ) HENCE, in view of the consensus arrived at between the learned Advocates for the parties and also for the reasons mentioned hereinabove, the impugned order is quashed and set aside. It is directed that the learned Judge shall pass a fresh order on exh. 5-Application and before doing so, shall give an opportunity to all the parties. The learned Advocates appearing herein have assured this Court that their counterparts will extend their full cooperation and will not be seeking any avoidable adjournment in the matter. Accordingly, the Appeal From Order is allowed. No order as to costs. ( 6 ) IN view of the order passed in the Appeal From order, Civil Application No. 5452 of 2004 is disposed of. Rule is discharged. Ad interim relief granted earlieris vacated. Direct Service is permitted today. .