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KARNATAKA HIGH COURT
RAMACHANDRA D. HUDDAR, J
MR. M. RAMANATH SHENOY S/O LATE M. GOVIND RAO – Appellant
Versus
MRS. PADMINI S. KAMATH W/O MR. SHASHIDHAR KAMATH N – Respondent
| Table of Content |
|---|
| 1. background of partnership dissolution and respondent's claim. (Para 4 , 5 , 6) |
| 2. court's review process for interim injunction criteria. (Para 11 , 12 , 13) |
| 3. outcome and decision on the appeal. (Para 16) |
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR) This Misc. First appeal is filed Under Section 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 dated 16.06.2025 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 di
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