M. RAMANATH SHENOY Vs. PADMINI S. KAMATH

JUDGEMENT

(1.) This Misc. First appeal is filed Under Sec. 104 read with Order 43 Rule 1(r) of Code of Civil Procedure , 1908 by the appellants assailing the legality and correctness of the order dtd. 16/6/2025 passed by the learned I Addl.Senior Civil Judge and CJM, Mangaluru in OS No.88/2025.

(2.) By the impugned order, the trial Court allowed the application filed under Order 39 Rule 1 and 2 of CPC by the respondent - plaintiff granting interim injunction restraining the defendants Nos. 2 to 5 i.e. the appellants herein, their representatives, successors, legal heirs, assignees and anybody claiming through or under them by way of temporary injunction from alienating, transferring, mortgaging or in any way encumbering.

(3.) The appellants are aggrieved by the broad and unqualified nature of the injunction, which, in their submission, is devoid of legal foundation and ignores the passage of time, the law governing dissolved partnerships and the settled principles of interim relief.