- 1 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 102672 OF 2024 (GM-CPC) BETWEEN: SMT. KAMALAVVA W/O. ADIVEPPA AMBLI AGED ABOUT 73 YEARS, OCC: HOUSEHOLD, R/O. MARGANKOPPA VILLAGE, TQ: KITTUR, DIST: BELAGAVI - 591112. …PETITIONER (BY SMT. SUNANDA P. PATI, ADVOCATE) AND: 1. SRI. MAHANATESH S/O. ADIVEPPA AMBLI, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. MARGANKOPPA VILLAGE, TQ. KITTUR, DIST. BELAGAVI 591112. 2. SRI. MANJUNATH S/O. ADIVEPPA AMBLI, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, R/O. MARGANKOPPA VILLAGE, TQ. KITTUR, DIST. BELAGAVI 591112. 3. SRI. DEEPAK S/O. ADIVEPPA AMBLI, AGED ABOUT 45 YEARS, OCC: AGRICULTURE AND ADVOCATE, R/O. C/O. R.B.VERNEKAR SAMBAJI ROAD, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 KASBAG, BELAGAVI, DIST. BELAGAVI 590003. 4. SMT. MAHADEVI W/O. BHIMAPPA BASARKOD, AGED ABOUT 51 YEARS, OCC: HOUSEHOLD, R/O: MARGANKOPPA VILLAGE, TQ. KITTUR, DIST. BELAGAVI 591112. 5. SMT. DUNDAMMA W/O. ADIVEPPA AMBLI, AGED ABOUT 71 YEARS, OCC. AGRICULTURE, R/O. C/O. R.B.VERNEKAR, SAMBAJI ROAD, KASBAG, BELAGAVI DIST. BELAGAVI – 590003. …RESPONDENTS (BY SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R3; SMT. CHITRA M. GOUNDALKAR, ADVOCATE FOR R1; R2, R4 ARE SERVED; NOTICE TO R5 DISPENSED WITH) ----- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER QUASHING THE ORDER DATED 23-04-2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, BAILHONGAL, On I.A. NO-1 IN O.S No.105/2024 VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 23.04.2024, passed by the learned Senior Civil Judge, Bailhongal (for short the ‘Trial Court’), on I.A.No.1 of 2024 in O.S.No.105/2024, produced as per Annexure- D. 2. Heard Smt.Sunanda P Patil, learned counsel for the petitioner and Sri.Rajashekhar Buraji, learned counsel for respondent No.3, Smt.Chitra M Goundlkar, learned counsel for respondent No.1. Perused the materials on record. 3. It is the contention of the petitioner that she is the first wife of the deceased propositus – Adiveppa. Defendant No.5 is the second wife and defendant Nos.1 to 4 are the children from the 2nd wife. 4. The petitioner-plaintiff has filed the suit in O.S.No.105 of 2024 against defendant Nos.1 to 5 before the Trial Court seeking partition and separate possession of - 4 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 her 1/5th share in the schedule properties, and for mesne profits. IA No.1 of 2024 was filed under Order XXXIX Rule 1 and 2 of CPC, seeking grant of temporary injunction against respondent No.3 – defendant No.3 herein, from alienating any property, in any manner or from withdrawing or transferring the fixed deposit, standing in his name. It is the apprehension of the plaintiff that respondent No.3 may withdraw the fixed deposits or get the fixed deposits in his name for the purpose of withdrawing the same, and he may also alienate the suit property to deny the rights of the plaintiff. 5. The Trial Court, after being satisfied with the grounds made out, passed the order dated 18.04.2024, issuing the ad-interim injunction against defendant No.3 from alienating the suit property in any manner, or receiving the fixed deposit amount, till filing of the written statement and the objections, or till one month from the date of the order, whichever is earlier and posted the matter to 27.05.2024. In the meantime, it appears that respondent No.3 had advanced the case to 22.03.2024. The Trial Court modified - 5 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 the order, permitting defendant No.3 to withdraw the fixed deposit, which are standing in his name, on executing the indemnity bond to the extent of withdrawing the fixed deposit. Being aggrieved by the same, the petitioner is before this Court. 6. On hearing the matter, I find considerable force in the contention taken by the learned counsel for the petitioner that, if respondent No.3, who is defendant No.3 before the Trial Court, is permitted to withdraw the fixed deposit standing in his name, that may affect the right of the plaintiff. Even if she succeeds in the case, before the Trial Court, the indemnity bond that was ordered to be executed by defendant No.3, by the Trial Court, may not serve the purpose as the fixed deposit would have already been withdrawn and it may lead to multiplicity of proceedings. Therefore, I am of the opinion that, the fixed deposits held with the society to the extent of 1/5th share of the plaintiff may order to be kept as it is, restraining defendant No.3 from withdrawing the same. Accordingly, I proceed to pass the following: - 6 - NC: 2025:KHC-D:6987 WP No. 102672 of 2024 ORDER i) The petition is allowed. ii) Impugned order dated 23.04.2024, passed by the learned Senior Civil Judge, Bailhongal on I.A.No.1 in O.S.No.105/2024 is modified. iii) Respondent No.3 herein, who is defendant No.3 in O.S.No.105/2024 on the file of the Senior Civil Judge, Bailhongal is restrained by an order of temporary injunction from withdrawing the fixed deposit held with the City Co-operative Credit Society Ltd., Belagavi to the extent of 1/5th share of the plaintiff, till disposal of the suit. Sd/- (M.G.UMA) JUDGE VB/ CT:ANB/List No.: 3 Sl No.: 27