Santosh vs Prabhugouda And Anr
2024 Latest Caselaw 24960 Kant

Karnataka High Court

Santosh vs Prabhugouda And Anr on 16 October, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                -1-
                                                           NC: 2024:KHC-K:7696
                                                        WP No. 202366 of 2024




                              IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                          DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                              BEFORE
                        THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                          WRIT PETITION NO. 202366 OF 2024 (GM-CPC)

                   BETWEEN:

                        SANTOSH S/O SOMANNA BHUDANUR
                        AGE 25 YEARS OCC AGRICULTURE/COOLIE,
                        R/O JAYAWADAGI, TQ BASAVANA BAGEWADI,
                        DIST VIJAYAPURA NOW R/O KEMBHAVI
                        TQ SHORAPUR DIST YADGIRI-585216.


                                                                  ...PETITIONER

                   (BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)

                   AND:
Digitally signed
by SUMITRA         1.   PRABHUGOUDA S/O BASANAGOUDA RADDER
SHERIGAR                AGE 44 YEARS OCC AGRICULTURE R/O JAYAWADAGI
Location: HIGH          TQ BASAVANA BAGEWADI DIST VIJAYAPURA-586203.
COURT OF
KARNATAKA
                   2.   THE BRANCH MANAGER
                        THE UNITED INDIA INSURANCE COMPANY LIMITED,
                        S S FRONT ROAD, VIJAYAPURA-586101.


                                                                ...RESPONDENTS

                   (NOTICE TO R1 DISPENSED WITH;
                   SRI. SANJAY M. JOSHI, ADV. FOR R2)
                              -2-
                                           NC: 2024:KHC-K:7696
                                        WP No. 202366 of 2024




     THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I) TO QUASH THE ORDER
DATED 06.04.2024 ON IA NO.I/24 IN MVC NO. 73/2019 ON THE FILE
OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC SHORAPUR
AT SHORAPUR PASSED ON APPLICATION FOR RELEASE OF FD
AMOUNT BEFORE MATURITY IS ORDER VIDE AT ANNEXURE-D IN THE
INTEREST OF JUSTICE AND EQUITY, ETC.,

     THIS PETITION, COMING ON FOR PRL. HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                       ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

Notice to respondent No.1 is dispensed with, in view

of the proposed order to be passed.

2. This petition by the claimant in MVC No.73 of

2019 on the file of the Senior Civil Judge and MACT

Shorapur, is directed against the impugned order dated

06.04.2024, whereby, the application filed by the

petitioner seeking the premature release of the FD amount

awarded in his favor was rejected by the tribunal.

NC: 2024:KHC-K:7696

3. A perusal of the material on record will indicate

that pursuant to the Judgment and Award dated the

16.03.2023, the respondent No.2-Insurance Company

deposited the entire compensation amount and the

tribunal directed disbursement of 50% of the amount.

Subsequently, the petitioner filed an application under

Section 151 CPC seeking premature release of the amount

in deposit. Though the said application was not opposed

by the respondent No.2-Insurance Company, the tribunal

proceeded to pass the impudent order rejecting the

application, aggrieved by which the petitioner is before

this court by way of the present petition.

4. A perusal of the material on record including

the impugned order will indicate that the tribunal failed to

consider and appreciate that the petitioner had made out

valid and sufficient grounds for premature release/

disbursement of the FD amount as stated by him in his

application and affidavit.

NC: 2024:KHC-K:7696

5. Under these circumstances, adopting a justice

oriented approach, I deem it just and appropriate to set

aside the impugned order and allow the application filed

by the petitioner.

6. In the result, I pass the following:

ORDER

(i) The petition is allowed;

(ii) The impugned order dated

06.04.2024 passed on I.A.No.1/2024 in MVC

No.73/2019 by the Senior Civil Judge and JMFC

Court, Shorapur, is hereby set aside and the

application dated 01.04.2024 filed by the

petitioner stands allowed.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SVH