IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
K. VENKATRAMANA BHAT – Appellant
Versus
K. MAHALINGA BHAT – Respondent
JUDGMENT
Sathish Ninan, J.
Challenge in this appeal is against an interim order of injunction, which was made absolute.
2. We have heard the learned counsel on either side.
3. The suit is one for partition. The plaintiffs filed an application as I.A.No.3/2024 in O.S.No.21/2024 seeking an interim order of injunction against disbursal of certain amounts lying in the Bank Account which is the subject matter of the suit.
4. Originally, an ad-interim order of injunction was granted. Subsequently, the IA was posted for hearing. Since the respondents were not ready, the court made the order of injunction absolute and the application was ordered accordingly.
5. All that the appellants seek for, is an opportunity for consideration of I.A.No.3/2024 on its merits and to invite an order thereon.
6. Having considered the rival submissions, we are inclined to grant an opportunity to the appellants to raise their contentions before the Court and to invite an order in their favour.
Resultantly, the appeal is allowed-in-part, while maintaining the order of injunction. The IA will stand re-opened for further hearing and for orders thereon.
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