- 1 - HC-KAR NC: 2025:KHC:26622 WP No. 21081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21081 OF 2025 (GM-AC) BETWEEN: SARATHI N S/O LATE NINGAIAH AGED ABOUT 57 YEARS R/AT NO.64, MARIGUDI STREET BOMMURU AGRAHARA VILLAGE SRIRANGAPATNA TQ MANDYA DIST-571 438 …PETITIONER (BY SRI. SREENIVASAN M.Y, ADVOCATE) AND: 1. VIJAY S S/O SUDEENDRA MAJOR R/AT PLOT NO.04 VASISTA RESIDENCY 1ST CROSS, UTTARAHALLI BENGALURU-560 061. 2. THE MANAGER HDFC ERGO GENERAL INSURANCE CO LTD MAHARAJA COMPLEX 2ND STAGE, SABBAR KSRTC BUS STAND OPPOSITE MYSURU CITY -700 01 …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26622 WP No. 21081 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 03.03.2025 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA ON IA FILED UNDER SECTION 151 CPC IN MVC NO. 1317/2022 VIDE ANNEXURE -D TO THE WP. 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 The petitioner who was the claimant in M.V.C.No.1317/2022 has called in question correctness of the order passed by the Additional Senior Civil Judge and MACT, Srirangapatna (for short 'Tribunal') on I.A. filed under Section 151 CPC, whereby the application for release of amount of Rs.2,45,754/- which was kept in fixed deposit for a period of three years by redeeming the fixed deposit, prematurely came to be rejected. 2. Learned counsel for the petitioner submits that the claim petition was filed in the context of injuries. Various hand loans have been taken to meet the treatment expenditure. It is submitted that in the affidavit - 3 - HC-KAR NC: 2025:KHC:26622 WP No. 21081 of 2025 filed in support of the application under Section 151 of CPC, it was specifically stated that the ornaments have been pledged with the pawn brokers and a loan was taken. In order to free himself of such loan, his amount kept in fixed deposit ought to be released. 3. Perused the order dated 03.03.2025. The Tribunal has not adverted to the contention that amount needs to be released in light of his personal difficulties to release the pledge of his jewellery. The affidavit filed in support of the application is self explanatory. The claim petition itself was filed in the context of an injury. It is the petitioner's amount but now lies in a fixed deposit, which petitioner requires in order to release the pledge. Grounds made out in the application require acceptance. 4. Hence, I pass the following, ORDER i. Accordingly order dated 03.03.2025 passed by the Additional Senior Civil Judge and MACT, Srirangapatna is set - 4 - HC-KAR NC: 2025:KHC:26622 WP No. 21081 of 2025 aside and Interlocutory application filed under Section 151 of CPC is allowed. ii. The Tribunal is directed to pass appropriate orders on the administrative side to release the amount of Rs.2,45,754/- kept in fixed deposit with interest to the petitioner forth with. iii. Accordingly, petition is disposed off. iv. Issuance of notice to the respondents is waived. SD/- (S SUNIL DUTT YADAV) JUDGE CR List No.: 1 Sl No.: 20