HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 15327 OF 2022 (GM-CPC) BETWEEN: R ANUPAMA W/O LATE S N ASHOK KUMAR AGED ABOUT 50 YEARS R/AT 9THCROSS, LEELAVATHI EXTENSION (GORAVANAHALLI TANK ROAD) OPP. TO GANAPATHI TEMPLE MADDUR TOWN - 571125 MANDYA DIST …PETITIONER (BY SRI. NATARAJ G.,ADVOCATE) AND: 1. S N JAGADEESH KUMAR S/O LATE N NANJUNDAPPA AGED ABOUT 54 YEARS WORKING AS LECTURER IN GTTC MYSORE R/O #4398, 4THCROSS J BLOCK, DHATTAGAHALLI 3RDSTAGE, MYSORE – 22 2. S N JAYARAM S/O LATE N NANJUNDAPPA AGED ABORT 56 YEARS CIVIL CONTRACTOR R/O LEELAVATHI EXTENSION MADDUR TOWN – 571125 HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 2 3. KUMARI S.N. VIJAYALAKSHMI D/O LATE N. NANJUNDAPPA AGED ABOUT 58 YEARS LEELAVATHI EXTENSION MADDUR TOWN-571125. 4. KUMARI M.A ASHWINI D/O LATE S.N ASHOK KUMAR AGED ABOUT 24 YEARS R/AT 9THCROSS, LEELAVATHI EXTENSION (GORAVANAHALLI TANK ROAD) OPP. TO GANAPATHI TEMPLE MADDUR TOWN – 571125 MANDYA DISTRICT …RESPONDENTS (BY SRI. RAGHAVENDRA V.,ADVOCATE FOR R1, SRI. T. SESHAGIRI RAO., ADVOCATE FOR R2, R3 AND R4 ARE SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 25.5.2022 BEING PASSED ON I.A.NO.XIII FILED ON 3.3.2021 IN O.S.NO.28/2017 ON THE FILE OF SENIOR CIVIL JUDGE, AT MADDUR VIDE ANNEXURE-A IN SO FAR AS IT PERTAINS TO IA NO.XIII. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order dated 25.05.2022 passed in O.S.No.28/2017 by learned Senior Civil Judge, Maddur (hereinafter referred as ‘Impugned HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 3 Order’). By the Impugned Order three applications were decided by the learned Trial Court. The challenge in the present petition is only on the decision on I.A.No.13 which was filed under Section 151 of the CPC, 1908 by the respondent No.1/plaintiff. The learned Trial Court has via Impugned Order passed a direction directing Defendant Nos.3 and 4 who are petitioners herein to deposit Rs.7,56,000/- in the Court within three months. 2. This Court by its order dated 16.02.2023 had directed a stay on the order passed on I.A.No.13. The stay continues as is since then. 3. None appears for respondent No.1/plaintiff despite service. The other contesting respondents have appeared and have been heard in the matter. 4. Given the pendency of the matter and the fact that stay of proceedings before the Trial Court was granted by this Court on 16.02.2023, this Court deems it apposite to hear and decide the matter today. HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 4 5. The learned counsel for the petitioner/defendant No.3 submits that he represents wife of one deceased S.N.Ashok Kumar who was the karta of the joint Hindu family which comprises of the petitioner and the respondents. It is not disputed that defendant is entitled 1/4th share in the joint family property. However, the learned Trial Court has directed the defendant to deposit an amount which includes his admitted share. 6. The learned counsel for the respondent No.1 submits that he does not dispute the fact that the petitioner/defendant No.3 is entitled to 1/4th share. However, she submits that the amounts were taken from the joint family bank account to the exclusion of other family members, and it is not only the petitioner who is entitled to the amounts but the other parties were also entitled to the amounts as were set out in the plaint. 7. The brief facts are that a suit for partition and separate possession of 1/4th share in the suit schedule properties and for rendition of accounts was filed by the HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 5 respondent No.1/plaintiff before the learned Trial Court. The suit was filed in respect of A, B, C and D schedule properties and included bank accounts. 8. During the pendency of these proceedings an application was filed by the respondent No.1/plaintiff directing the Defendants Nos.3 and 4, petitioner/defendant No.3 and respondent/defendant No.4 to deposit the amounts withdrawn from the State Bank of India, Shivapura Branch, Maddur. This application was filed in respect of ‘C’ schedule property. The respondent No.1/applicant has contended that this bank account forms part of suit schedule property and the entire proceeds in this bank account is Rs.7,09,022.69, were taken by the petitioner/defendant No.3 to the exclusion of remaining family members. Thus, it was prayed in I.A.No.13 that the amounts be deposited with the Court. Objections were filed by the petitioner/defendant No.3against this application wherein it was stated that the amounts were required for the education of the minor HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 6 child. However, it was not denied that the amount formed part of ‘C’ schedule property. 9. The learned Trial Court examined this application and gave a direction to deposit Rs.7,56,000-00 in the Court within three months (the amount being inclusive of interest).The respondent No.1/plaintiff has contended that it is not disputed by the petitioner/defendant No.3 and the remaining respondents that he is entitled to 1/4th share. Thus since he does not have any source of income, the petitioner / defendant No.3 be directed to deposit the balance amount deducting her 1/4th share in the interest of justice and equity. 10. It is not disputed by the parties that the petitioner/defendant No.3 and respondent No.4 are jointly entitled to 1/4th share each. The petitioner is a widow and she has stated that she is educating her daughter. It would thus be in the interest of justice that directions passed by the learned Trial Court be modified and the HC-KAR NC: 2026:KHC:9849 WP No. 15327 of 2022 7 petitioner be permitted to deposit 75% of the amount withdrawn. 11. Accordingly the Impugned Order is modified to the extent that the petitioner will deposit before the learned Trial Court the amount of Rs.5,67,000/- (75% of Rs.7,56,000/-) within eight weeks from the date of receipt of this order. 12. It is made clear that the amounts deposited shall abide by the directions which are passed in the suit. 13. The petition is partly allowed in the aforegoing terms. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE SNB / KS List No.: 2 Sl No.: 6 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA