- 1 - HC-KAR NC: 2025:KHC:20527 WP No. 6469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6469 OF 2025 (GM-AC) BETWEEN: 1. BHAGYAMMA @ SIDDAMMA AGED ABOUT 41 YEARS, W/O LATE MK PANURANGA 2. M P HEMASHREEE AGED ABOUT 18 YEARS, SINCE MINOR, REP BY HER MOTHER BHAGYAMMA 3. M.P DHANUSH AGEE ABOUT 16 YEAR'S, S/O LATE MK PANDURANGA. SINCE MINOR, REP.BY HER MOTHER BHAGYAMMA ALL RESIDING AT KODIPALYA MATHIGATTA POST HARDARAKERE HOBLI, C N HALLI, TUMKURU DISTRICT -576 201 …PETITIONERS (BY SRI. VINAYA KEERTHY M.,ADVOCATE) AND: 1. P SEETHARAMU AGED ABOUT YEARS, S/O PURADAIAH PROPRIETOR PRAKASH MOTOR SERVICE THIMMANAHALLI CN HALLI TALUK TUMKURU DISTRICT-572 101. 2. UNITED INDIA INSURANCE CO LTD. 402, RAGHAVENDRA COLONY, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20527 WP No. 6469 of 2025 BH ROAD TIPTUR TOWN, TUMAKURU DISTRICT -572 101. …RESPONDENTS (VIDE ORDER DATED 16.06.2025, NOTICE TO R-1 AND R-2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ISSUE WIRT OF CERTIORARI QUASHING THE IMPUGEND ORDER DTD 21.02.2024 PASSED ON IA 2 IN MVC 575/2009 IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC TIPTUR PRODUCED AND MARKED AS ANNEXURE-C, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Issuance of notice to respondent is dispensed with as the proceedings relate to an order passed by the trial court, rejecting the application for premature withdrawal of the amount after premature termination of the fixed deposit. 2. The petitioner submits that in terms of the order of the Tribunal, the amount has been in fixed deposit for a period of about 10 years till date, considering the order in the Miscellaneous First Appeal having been passed on 12.06.2015. It is submitted that the amount is required for the educational needs of petitioners 2 and 3 who were - 3 - HC-KAR NC: 2025:KHC:20527 WP No. 6469 of 2025 appellants 2 and 3 in the Miscellaneous First Appeal. It is submitted that petitioner No. 2 has attained majority while petitioner No. 3 is about 17 years. 3. Taking note of the submission made of educational needs which could be inferred on the basis of the certificates of 10th Standard Marks Card produced by the petitioners and noticing that the amount has been kept in fixed deposit for about 10 years as on date, the petitioners are entitled for withdrawal as sought for. 4. Accordingly, I.A.No. 2 in M.V.C.No.575/2009 is allowed. Necessary measures to be taken to terminate the Fixed Deposit and refund the amount to the petitioners. 5. In light of the above, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP