ORDER :

This writ petition has been preferred challenging the letters dated 28.11.2022 bearing No.PF:OR.No.495/2022- 23 and dated 24.04.2023 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/-.

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;

a) For Decree of Declaration to the effect that Plaintiff is sole Executor of the Wills of Mrs. Geetha T. Punja and Dr.P.Thimappa Punja.

b) For permanent prohibitory injunction against the defendants from allowing any operation of the Bank Accounts, Release of Fixed Deposits, Government Bond or any other Securities, Locker by anybody claiming as Legal heirs of Mrs. Geetha T. Punja and Dr. P. Thimappa Punja.

c) Such other and further reliefs, as this Court deems fit to grant.

d) Costs of the suit.

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 allo