- 1 - HC-KAR NC: 2025:KHC:49158 WP No. 30299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30299 OF 2025 (GM-RES) BETWEEN: SMT. MALATHI W/O LATE GANAPATHI AITHAL AGE 54 YEARS, R/AT NO.36, 1ST CROSS, 3RD MAIN, CHAMUNDESHWARI LAYOUT, GIRINAGAR, BENGALURU SOUTH, BENGALURU - 560 085. …PETITIONER (BY SRI. CHANDAN GOWDA PATIL, ADVOCATE) AND: 1. THE BRANCH MANAGER STATE BANK OF INDIA, SPECIALIZED PBB BRANCH, BENGALURU - 560 001. 2. THE BRANCH MANAGER KARNATAKA BANK, KH ROAD BRANCH, BENGALURU - 560 027. 3. THE BRANCH MANAGER CANARA BANK, CHAMARAJAPETE BRANCH, BENGALURU. …RESPONDENTS (BY SMT. DIVYA PURANDAR, ADVOCATE FOR R2; SRI. RUKKOJI RAO, ADVOCATE FOR R3; VIDE ORDER DATED 13.11.2025, VIGNESH SHETTY, ADVOCATE FOR R1) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49158 WP No. 30299 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT BANKS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 11.06.2025 VIDE ANNEXURE-C, C1 AND C2 AND CONSEQUENTLY PERMIT THE PETITIONER, AS THE SOLE SURVIVING LEGAL HEIR OF LATE GANAPATHI AITHAL, TO OPERATE, WITHDRAW AND OTHERWISE DEAL WITH THE BANK ACCOUNTS AND DEPOSITS OF THE DECEASED STANDING WITH THE RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: WHEREFORE, for the reasons stated above, the Petitioner humbly prays that this Hon'ble Court may kindly be pleased to Issue Writ in the nature of Mandamus or any other orders as this court deems fit in the interest of justice and equity:- (a) To Issue Writ in the nature of Mandamus directing the Banks to consider the Respondent representations of the petitioners dated 11.06.2025 vide Annexure-C, C1 and C2 and consequently permit the petitioner, as the sole surviving legal heir of late Ganapathi Aithal, to operate, withdraw and otherwise deal with the bank accounts and deposits of the deceased standing with the respondents in the interest of justice and equity. (b) Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case. in. So far petitioner is concerned, - 3 - HC-KAR NC: 2025:KHC:49158 WP No. 30299 of 2025 2. The husband of the petitioner held Savings Bank accounts in the respondents/Banks. The said husband had expired intestate on 13.12.2022 leaving behind the petitioner and his aged mother as his only legal heirs. The petitioner and the said mother had applied for and obtained a Succession Certificate in P & S.C.No.105/2023 under Section 372 of the Indian Succession Act, 1925. 3. However, unfortunately, the said mother also expired on 09.03.2025 and it is in that background that the Succession Certificate was not acted upon by the respondents/Banks since it was a joint Succession Certificate. The petitioner having submitted representation on 11.06.2025 at Annexure-C Series, and it not having been acted upon, the petitioner is before this Court seeking for the aforesaid reliefs. 4. All the counsels for the respondent/Banks submit that if the death certificate of the account holder, his mother and their respective Aadhar cards are furnished to the Banks, the Banks would consider the same and allow the - 4 - HC-KAR NC: 2025:KHC:49158 WP No. 30299 of 2025 petitioner to withdraw the amounts in the Bank accounts of the deceased husband subject to the petitioner executing a indemnity deed as per the format of the Banks in favour of the Banks. 5. The submission of the counsel for the respondents/Banks answers the grievance of the petitioner and in that background, I pass the following: ORDER i) The petition is allowed. ii) The relief sought for is moulded. The petitioner is directed to furnish the death certificate of her husband, Sri. Ganapathi Aithal and her mother-in- law, Smt. Janaki, as also their respective Aadhar cards to the respondent/Banks, which the learned counsel for the petitioner undertakes would be done within a period of ten days from today. iii) In the event of the said documents being furnished to the respondents/Banks, the respondents/Banks are directed to act on the same and pass necessary orders permitting the petitioner to withdraw the - 5 - HC-KAR NC: 2025:KHC:49158 WP No. 30299 of 2025 money in the bank accounts of the late Sri. Ganapathi Aithal within seven days thereof, subject to the petitioner also executing necessary indemnity deeds in favour of the respective respondents/Banks. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 63