- 1 - HC-KAR NC: 2025:KHC:19630 WP No. 9526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9526 OF 2025 (GM-AC) BETWEEN: 1. MANJU T S S/O SUBBASHETTY @ MAHADEVA AGED ABOUT 30 YEARS, R/AT KODISHETTIPURA VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TQ, MANDYA DIST-571 438 … PETITIONER (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. SYREL ANTHONE PERARA, MAJOR, S/O ANTHONE PERARA, R/AT NO.1780, SANJEEVINI NAGAR, HEBBAL POST, BENGALURU-562 149. 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., NO.2912, SRI VENKATESHWARA PLAZA, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19630 WP No. 9526 of 2025 1ST MAIN, SARASWATHIPURAM, MYSURU-570 005 … RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD. 03.03.2025 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA ON I.A. FILED UNDER SECTION 151 CPC IN M.V.C.NO. 1048/2017 VIDE ANNEXURE-D TO THE WRIT PETITION AND 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 Petitioner has sought for setting aside of the order dated 03.03.2025 passed by the Additional Senior Civil Judge and MACT, Srirangapatna, in M.V.C.No.1048/2017. 2. It is the case of the petitioner that due to financial stringency and commitments relating to obligations under pronote, the petitioner is seeking for premature release of the amount kept in fixed deposit. - 3 - HC-KAR NC: 2025:KHC:19630 WP No. 9526 of 2025 3. The trial Court has rejected the application on the ground that certain amounts were released on 25.04.2023. 4. It is the case of the petitioner that the amount released as referred to by the trial Court does not include part of the amount kept in fixed deposit as per Annexure-B. 5. The case of the petitioner ought to have been considered independently. The very assertion that the petitioner requires the amount, has been adverted to in the impugned order passed, wherein the Court refers to pronote filed. That itself would be sufficient to accept the case of the petitioner. It is also noticed that the amount kept is of the petitioner and is to be made available in the case of needs of the petitioner. 6. Accordingly, the order dated 03.03.2025 passed by the Additional Senior Civil Judge and MACT, - 4 - HC-KAR NC: 2025:KHC:19630 WP No. 9526 of 2025 Srirangapatna, in M.V.C.No.1048/2017 is set aside. I.A. filed under Section 151 of CPC is allowed. 7. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP