- 1 - NC: 2025:KHC:9086 WP No. 22869 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22869 OF 2024 (GM-AC) BETWEEN: SHIVASHANKAR S/O. SHIVANANDA AGED ABOUT 41 YEARS, R/AT C/O PATIL ARUN KUMAR C NO.47, 3RD CROSS, VEERABHADRANAGAR, 2ND STAGE, VIBHUTHIPURA MAIN ROAD, BASAVANAGAR POST, BANGALORE 17. …PETITIONER (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., 1 AND 2 FLOORS, SREE BALAJI SOVEREIGN, NO. 132, BRIDGE ROAD , BENGALURU 560 025, INSURANCE COMPANY. 2. MR. VINOD LAL HEERA ESHWAR S/O. H.R. ESWAR LAL, MAJOR, R/AT NO. 111/1, ITIT LAYOUT, NEAR FCI GODOWN, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9086 WP No. 22869 of 2024 VIJINAPURA, BANGALORE 560 016 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 11.12.2023 PASSED BY THE COURT OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU (DISTRICT BENGALURU) CHIEF JUDGE, CSC, BENGALURU IN MVC 8961/2009 ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "(a) Issue a writ of Certiorari or any other appropriate write, order of direction quashing the order dated:11.12.2023 passed by the Court of Chief Judge, Court of Small Causes, Bengaluru (District Bengaluru) Chief Judge, CSC, Bengaluru in MVC 8961/2009 Annexure-D. (b) Issue a writ of Mandamus directing the Court of Chief Judge, Court of Small Causes, Bengaluru (District Bengaluru) Chief Judge, CSC, Bengaluru to permit the petitioner to withdraw the F.D. amount of Rs.26,59,583/- out of Fixed deposit of Rs.36,59,583/- kept under Fixed Deposit at Karnataka Bank, City Civil Court Branch, prematurely. - 3 - NC: 2025:KHC:9086 WP No. 22869 of 2024 (c) Issue any other appropriate writ or direction to meet the ends of justice." 2. Heard Shri Shripad V. Shastri, learned counsel appearing for the petitioner. 3. The petitioner is the claimant registers a claim petition in M.V.C.No.8961/2009 on the score that he had sustained injuries in the road traffic accident, which occurred on 09.10.2009. The compensation awarded was enhanced by this Court to a sum of Rs.25,50,947/- and further directed that the amount should be kept in the fixed deposit and the petitioner would be entitled only for the interest. The petitioner then approaches the concerned Court seeking release of an amount of Rs.18,00,000/- on the score that he has to purchase the house. The concerned Court has rejected the application on the score that this Court had directed the petitioner would get only the interest and not any portion of the fixed deposit. The petitioner has also produced an agreement of sale as a document to the petition. 4. In that light, I deem it appropriate to permit the petitioner to utilize amount of Rs.18,00,000/- out of the fixed deposit of Rs.36,59,583/-. The action taken upon the - 4 - NC: 2025:KHC:9086 WP No. 22869 of 2024 agreement of sale i.e. sale deed shall be placed before the Registry of this Court after entering into sale, evidencing the amount of Rs.18,00,000/- being paid to the vendor therein. Ordered accordingly. Sd/- ______________________ JUSTICE M.NAGAPRASANNA JY List No.: 1 Sl No.: 3 CT:SNN