Sri B Manjunath v. Sri a N Ravi Kumar
Case brief
What is this about?
A High Court Bench allowed a writ petition to modify an order from a civil court directing the petitioner to deposit Rs.24 lakhs withdrawn from deceased's fixed deposits. The court reduced the deposit to 50% pending trial rights and directed investment in a fixed deposit.
What did the court decide?
The impugned order modified to direct petitioner to deposit 50% of the sum withdrawn within six weeks and invest same in Fixed Deposit, undertaking to return balance if respondents succeed.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.9617 OF 2019 (GM-CPC)
BETWEEN :
SRI B.MANJUNATH S/O. SRI V. BABU AGED ABOUT 36 YEARS RESIDING AT NO.960 3RD FLOOR, 2ND MAIN ROAD VIJAYANAGAR BENGALURU-560 040. ... PETITIONER
(BY SRI B.C.GURU, ADVOCATE)
AND :
- SRI A.N.RAVI KUMAR S/O. LATE A.R. NAGABHUSHANAM NAIDU RESIDING AT NO.FF9, 1ST FLOOR, ATRIA VILLA DATTATHREYA TEMPLE ROAD MALLESHWARAM BENGALURU-560 003.
- SMT. K. NALINI PRASAD D/O. LATE A.R.NAGABHUSHANAM NAIDU AGED ABOUT 59 YEARS RESIDING AT NO.19/1, 1ST FLOOR, C.K.STREET
Issues for consideration
3 issues framed by the court
Whether the High Court should modify the impugned order directing the petitioner to deposit the entire sum withdrawn from fixed deposits pending a trial on succession claims.
How the civil court's order should be modified in light of the petitioner's bona fide claim to use funds for medical treatment and lack of knowledge of pending proceedings.
Whether the prize drawn by the petitioner over the impugned order must be modified to deposit only a portion of the amount with an undertaking to redeposit if respondents succeed.
Parties & counsel
- petitioner
SRI B.MANJUNATH S/O. SRI V. BABU
- respondent
SRI A.N.RAVI KUMAR S/O. LATE A.R. NAGABHUSHANAM NAIDU
- respondent
SMT. K. NALINI PRASAD D/O. LATE A.R.NAGABHUSHANAM NAIDU
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- WP/9617/2019
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