Smt Malathi a S v. Mr H K Nagaraju
Case brief
What is this about?
WP No. 20098 of 2016 (GM-CPC), NC: 2025:KHC:27505, High Court of Karnataka, Bengaluru, decided 22 July 2025 by Justice Vijaykumar A. Patil (single judge). Petitioners: Smt. Malathi A.S., Smt. H.S. Priyashree, Mr. H.S. Shashank (legal representatives of late H.S. Shashidara), through Sri Prashanth K.S.; Respondents: Mr. H.K. Nagaraju (counsel Sri D.R. Sundareesh, absent) and the Comptroller, University of Agricultural Sciences, GKVK (notice dispensed with vide order dated 07.02.2023). Subject: certiorari under Article 227 against order dated 29.02.2016 in OS.No.1082/2015 (Addl. Civil Judge & JMFC, Mandya) allowing a Section 151 CPC application directing re-deposit of amounts withdrawn from the deceased's account or furnishing of security, in a Rs.2,10,000/- recovery suit. Result: writ allowed; impugned order set aside; respondent's application rejected on petitioner No.3's affidavit undertaking to defend the suit and obey the decree subject to appeal; no costs. Statute references: Article 227, Constitution of India; Section 151, CPC. Cases cited: none.