IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41163 OF 2019 (GM-CPC) AND WRIT PETITION NO.46595 OF 2019 BETWEEN:
SIDDARAMU S S/O LATE SIDDAIAH S AGED ABOUT 64 YEARS, R/O 4TH CROSS, HANIYAMBADI ROAD, HOSAHALLI EXTENTION, MANDYA CITY - 571 436.
... PETITIONER (BY SRI.PRAMOD R, ADVOCATE) AND:
1. MAHENDRA S/O LATE CHIKKABASAVAIAH, AGED 59 YEARS, R/O NANJUNDESHWARA PRASANNA MAYASHREE NILAYA, 3RD CROSS, BANDIGOWDA LAYOUT MANDYA CITY - 571 436.
AND ALSO WORKING AS ASSISTANT EXECUTIVE ENGINEER, MANDYA SUB DIVISION, WATER SUPPLY BOARD BANDIGOWDA LAYOUT MANDYA CITY - 571 436.
2. MANAGING DIRECTOR KARNATAKA WATER SUPPLY BOARD, #6, JALABHAVAN, 1ST PHASE, B.T.M.LAYOUT BANNERGHATTA ROAD, BANGALORE – 560 029.
3. EXECUTIVE ENGINEER MANDYA SUB DIVISION, WATER SUPPLY BOARD, BANDI LAYOUT MANDYA CITY - 571 436 ... RESPONDENTS (BY SRI.PRAKASH M.H., ADVOCATE FOR R1;
NOTICE TO R2 AND R3 DISPENSED VIDE ORDER DATED 23.10.2019) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE – H ORDER DATED 20.08.2019 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC AT MANDYA AND THE ANNEXURE – J ORDER DATED 22.08.2019 PASSED BY THE I ADDITONAL CIVIL JUDGE AND JMFC AT MANDYA ACCEPTING THE SURITY IN O.S.NO.223/2019 AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a money suit in O.S.No.223/2019 is invoking the writ jurisdiction of this Court for assailing the order dated 22.8.2019, whereby the learned I Addl. Civil Judge, Mandya, has directed release of the entire terminal benefits in favour of the contesting first respondent herein. After service of notice, respondent No.1 has entered appearance through his Counsel and filed the Statement of Objections resisting the writ petition. Notice to respondents No.2 and 3 is dispensed with by the court suo moto since they are not necessary for adjudication of this writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, the impugned order cannot be much faultered at all, inasmuch as 7 guntas of land in sy.No.71 and another 7 guntas of land in sy.No.69/2B of Gejjalagere village in Maddur Taluk being furnished by way of security for the claim in the suit, no prejudice is caused to the petitioner.
3. The contention of the petitioner that one of these lands is encumbered to the Agricultural Co-operative Society is a feeble ground for indulgence inasmuch as by and large the market value of the subject property being apparently high covers the claim of the petitioner. However, prudence requires that first respondent be permitted to withdraw all terminal benefits minus three lakh rupees, if there is no other impediment and he is otherwise entitled to.
The observations made hereinabove shall not be construed to absolve the first respondent from any liability owed to his employer.
Writ petition is disposed off with the above observations.
No costs.
Sd/- JUDGE PSG