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2026 Supreme(Online)(Ker) 12408

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P.M.MANOJ, JJ
BRAHMAGIRI DEVELOPMENT SOCIETY REG.NO.57/1999 – Appellant
Versus
K.G. SARALAKUTTY AMMA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.LATHA ANAND
For the Respondents: SHRI.T.M.CHANDRAN, SRI.S.SUJITH, SRI.JOSEPH ALBIN NEDUNTHALLY

Table of Content
1. background of the appeal and interim order (Para 1 , 2 , 3)
2. arguments regarding the nature of interim relief (Para 4 , 5)
3. court's analysis of interlocutory orders (Para 7 , 8 , 9)

Sushrut Arvind Dharmadhikari, J .

The present intra-court appeal under Section 5 of the Kerala High Court Act , 1958, challenges the interim order dated 07.01.2026 passed in W.P.(C) No. 5725 of 2025, whereby the learned Single Judge has passed the following order;

“ In the light of the Judgment rendered in WP(C).NO 19736 of 2024 filed by the Co-operative Bank which had also made deposits with the 1st respondent society, there shall be an interim direction to the 1st respondent to release Rs.5,00,000/- each to the petitioners as an interim measure, within one month of receipt of copy of this order.

Post on 19.01.2026.”

2. The appellant herein is the first respondent in the writ petition, whereas the first and second respondents herein are the petitioners in the writ petition, and the third respondent herein is the second respondent in the writ petition.

3. The learned Counsel for the appellant submitted that the first and second respondents herein had filed the writ petition seeking the

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