JUDGMENT : 1. Challenge in the writ petition is to the order dated 27-1-2010 passed on I.A.No.3 in O.S. No.4 of 2010 by the learned Civil Judge Junior vision and Judicial Magistrate First Class, Udupi. 2. By the said order, the Trial Judge has allowed the application filed by the plaintiffs-respondents herein under Order 39, Rules 1 and 2 of the Civil Procedure Code, 1908 confirming the ex parte order of temporary injunction granted earlier. 3. It is not in dispute that aggrieved by the said order, the petitioner-Corporation has filed M.A. No.6 of 2010 before the learned Civil Judge (Senior Division), Udupi. However, alleging that the said appeal was not being taken up for consideration of the prayer made for grant of interim relief, petitioner has approached this Court by filing the present writ petition. 4. This Court has granted an interim order on 8-2-2010 staying the order passed by the Trial Judge granting temporary injunction. By the order of temporary injunction. Petitioner herein was restrained from transporting coal by road from Mangalore Port to Nandikkor power plant of the petitioner. 5. Learned Counsel for the respondent Sri Arun submits that the writ petition itself is not maintainable, as the petitioner ought to have persuaded its remedy before the Appellate Court. 6. Learned Counsel for the petitioner-Corporation, however, submits that as the application was not heard and as there was extreme urgency, petitioner was constrained to approach this Court. 7. It is unnecessary to go into the details of the aforesaid contentions. It is also not necessary to examine the merits of the case. Admittedly, miscellaneous appeal is filed against the order of temporary injunction granted by the Trial court. An application is also filed by the petitioner-Corporation seeking appropriate interim relief in the said appeal. The grievance of the petitioner-Corporation can be better addressed by issuing a direction to the Appellate Court to consider the application filed seeking interim relief on the next date of hearing. 8. Accordingly, this writ petition is disposed of. The learned Civil Judge (Senior Division), Udupi, is directed to hear the interim application filed by the petitioner-Corporation in M.A. No.6 of 2010 on the next date of hearing i.e., on 12-4-2010 to which date the case is reportedly posted. Learned Counsel for the parties assure the Court that they will co-operate with the Court below in arguing the case. The learned Civil Judge (Senior Division), Udupi, is directed to hear the interim application filed by the petitioner-Corporation in M.A. No.6 of 2010 on the next date of hearing i.e., on 12-4-2010 to which date the case is reportedly posted. Learned Counsel for the parties assure the Court that they will co-operate with the Court below in arguing the case. Until 4-2010, the interim order granted by this court is continued. It is made clear that the Appellate Court shall consider the interim application filed by the petitioner-Corporation on its merits without being influenced by the interim order granted by this Court. Both the parties are at liberty to file such additional pleadings as is permissible in law.