RAJESH KUMAR SHETTY Vs. T.SUBBAYA SHETTY

JUDGEMENT

(1.) This writ petition has been preferred challenging the letters dtd. 28/11/2022 bearing No.PF:OR.No.495/2022- 23 and dtd. 24/4/2023 bearing No.KBL:479/GF30/2023- 24 by the second respondent in refusing to permit the petitioner withdrawing the fixed deposits of Rs.1,34,37,826.00.

(2.) It is the case of the petitioner that the first respondent - Sri T Subbaya Shetty filed O.S.No.302/2022 before the Court of Senior Civil Judge, Mangaluru, seeking the following prayers;

(3.) In the said suit, petitioner was not made as a party. The first respondent filed an application under Order XXXIX, Rule 1 and 2 of CPC seeking temporary injunction against the defendants/banks prohibiting defendants from allowing any person to withdraw the amounts standing to the credit of Smt. Geetha T. Punja and Dr. P. Thimappa Punja, until disposal of the suit and grant such other reliefs. The Trial Court passed an order of temporary injunction on 19/11/2022 and the same was extended till 20/4/2023.