IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE

O. S. NO. /2024

BETWEEN
1. Smt. Nalina P.T.
C/o Late Ashwathnarayana,
No.71/1, ‘G’ Road,
Jogu Palya Main Road,
Halasoor,
Bangalore-560008.

AND

1. Sri Gasnesh. K.
S/o Late Krishnappa,
Aged about 44 years,
Residing at Rampura Village,
Virgonapur Post,
Bengaluru-560049

2. Sir. Sridhar,
S/o C. Narayanappa,
Aged about 43 years,
R\at No.24,
Bande Bommasandra Village,
Doddagubbi Post,
Bidarahalli Hobli,
Bengaluru East Taluk
Bengaluru- . DEFENDENTS

MEMORANDUM OF PLAINT UNDER ORDER

VII RULE 1 READ WITH SECTION 26 OF THE
CODE OF CIVIL PROCEDURE, 1908

The Plaintiffs humbly begs to submit as follows:-

1. The address of the Plaintiffs for the purpose of
Court notices and summons is as stated in the
cause title and that of his Counsel is Micheal
Chinnappa, Nisha Sachdev and Shylaja K.R.
Advocates, office at MAITHRI LAW CHAMBERS,
New No.15, Old No.39/9, 1st Floor, Service Road,
Remco Layout, Old RPC Layout, Hampinagar,
Bangalore-560040.2. The address of the
Defendants for the similar purpose is as given in
the cause title. Mail ID:-
[email protected],
Ph.No.8050009030.

2. It is submitted that the Late Sri. C. Narayanappa

has executed a Release Deed in favour of
Plaintiff on dated 27-04-2017 is registered as
Document No. BDH-1-00322-2017-18 in Book
No.1 and saved in C.D. No. BDHD161 Dated: 27-
04-2017 in the office of Sub-Registrar,
Shivajinagar, Bangalore Dated: 27-04-2017.

3. It is submitted that

4. It is submitted that on dated: 20.05.2019 the

Defendant No.2 have created an Post Dated
fabrication sale agreement in favour of
Defendant No.1 with the intention to cheat the
plaintiff (The true Copy of the fabrication sale
agreement is herewith produced as Document
No. 1.)
5. It is submitted that the Defendant No 1 using the
fabricated sale agreement have filed the
Compromise Petition in O.S No 908/2017 in the II
Additional Senior Civil Judge Bengaluru Rural
District. against the Defendant No 2 without
giving any opportunity to the plaintiff

6. It is submitted that as a surety for the said loan

amount the Late Sri. G. Kashivishwanatha have
nominated the Plaintiff No.1 as a nominee in the
Fixed Deposit bearing A/C No.
0561500123901501 in the Karnataka Bank Ltd,
whereas the Late Sri. G. Kashivishwanatha as
handed over the original Fixed Deposit Receipt
bearing A/C No. 0561500123901501 to the
Plaintiff No.1 for safe custody and surety.

7. It is submitted that on dated 29-06-2019 the

Late Sri. G. Kashivishwanatha in O.S. No.
1168/2008 pending on the file of Hon'ble Court
of XXXI Addl. City Civil and Sessions Judge at
Bangalore (CCH-31) has submitted the
Evidence by way of affidavit in Averment no 11
and 12 sworn that “further state that my
brother G.Manjunath and his wife Smt.B.Rajani
had a sum of Rs. 19,76,000/- (Rupees nineteen
lakhs seventy six thousand only) during the
period of August 2007 to March 2008 and was
ready to give the money to me to perform my
part of the contract: But I have received a
notice from defendant No.1 on 17-1-2008 and
then only I came to know that the defendant
No.1 has already sold the suit schedule
property to defendant No.2 and 3 on 9-1-2008
itself. Later on my brother and his wife have
utilized the money kept to complete the
transaction of the suit schedule property and
have invested the said amount on different
properties and have purchased other
properties. I further state my brother and his
wife had a sufficient amount, required to
complete the transaction during the month of
August 2007 to March 2008 and was ready to
support me to complete the sale transaction of
the suit schedule property. To establish the
relationship with me, my brother and his wife
are produced the voter Identity card as
documents. I was ready and willing to perform
my part of the contract with the help of my
brother and his wife Smt. Rajani who had
sufficient amount and they were ready to help
me to purchase the suit schedule property.”

“further state that the further development is

that, I again approached my brother
Sri.G.Manjunath and his wife Smt.B.Rajani to
purchase the suit schedule property and they
accepted my request and have deposited
Rs.19.00,000/- (Rupees nineteen lakhs only) by
way of fixed deposit in my name in the
Karnataka bank Ltd., chickpet branch,
Bangalore-560053 on 04-06- 2019 deposited in
the account No.0561500123901501 for a
period of one year” ( The certified Copy of
 Evidence By Way of Affidavit by Late Sri. G.
Kashivishwanatha dated 29-06-2019 In O.S.
No. 1168/2008 pending on the file of Hon'ble
Court of XXXI Addl. City Civil and Sessions
Judge at Bangalore (CCH-31).is herewith
produced as Document No. 2. )

8. It is submitted that the Late Sri. G.

Kashivishwanatha have made the fixed
deposit, the Fixed deposit account number FD
A/C No. 0561500123901501, Customer ID:
056025278 and FD Bond No. MTL/TDR/E
0703337 in the defendant No 2 Branch as
keeping the Plaintiff No 1 as a nominee.
Whereas the Late Sri. G. Kashivishwanatha had
opened fixed deposit by receiving amount of
Rs. 19,00,000/- (Rupees nineteen lakh Only)
from the plaintiffs and the same has been
deposited in his name Mr. KASHIVISHWANATHA
G account and the same fund has been fixed
deposited by the Late Sri. G. Kashivishwanatha
the fixed deposit will mature on date 04-06-
2020. The Nomination Registration No. is 231-
19/20 made in plaintiff No 1 name by Late Sri.
G. Kashivishwanatha. (The certified copy of the
suit scheduled Fixed Deposit receipt herewith
produced as Document No. 3.)

9. It is submitted that on dated 06-06-2019 the

B.Chandrashekar the Advocate on record for
Late Sri. G. Kashivishwanatha In O.S. No.
 1168/2008 pending on the file of Hon'ble Court
of XXXI Addl. City Civil and Sessions Judge at
Bangalore (CCH-31) along with the Late Sri. G.
Kashivishwanatha and the Defendant No 3
have requested the Plaintiff No.1and 2 to hand
over the original suit scheduled Fixed Deposit
Receipt to produce the same In O.S. No.
1168/2008 pending on the file of Hon'ble Court
of XXXI Addl. City Civil and Sessions Judge at
Bangalore (CCH-31) the same has been
acknowledge by the Advocate by B.
Chandrashekar. (The copy of the
acknowledgment by Advocate by B.
Chandrashekar in the copy of the suit
scheduled Fixed Deposit receipt herewith
produced as Document No. 4.)

10. It is also submitted that the Advocate B.

Chandrashekar and the Late Sri. G.
Kashivishwanatha and the Defendant No.3
have promised to return the said Original suit
schedule Fixed Deposit Receipt to the Plaintiff
No.1 and 2 whereas till today they fail to
submit the original suit scheduled Fixed
Deposit receipt to the Plaintiffs.

11. It is submitted that the Defendant No.3 to

5 have filed the P & S.C. NO. 515 / 2022 to
Grant the Succession Certificate in favour of
the Defendant No 3 to 5 in respect of amount
deposited in suit scheduled Fixed Deposit
 receipt in the account of Karnataka Bank Ltd.,
with the intension to cheat the Plaintiffs.

12. It is further submitted that the Defendant

No.3 to 5 have withdrawn the said original suit
scheduled Fixed Deposit receipt which is
marked as Exhibit P 67 In O.S. No. 1168/2008
pending on the file of Hon'ble Court of XXXI
Addl. City Civil and Sessions Judge at
Bangalore (CCH-31). And trying to encash the
said suit scheduled Fixed Deposit from the
Defendant No.1 and 2 Bank.

13. It is further submitted that the Plaintiff

No.1 have visited the Defendant No.1 and 2
Branch to encash the Fixed Deposit whereas
the Defendant No.1 and 2 have refused to
encash the same and demanded for original
suit scheduled Fixed Deposit Receipt.

14. It is further submitted that the Plaintiff

No.1 have issued the Legal Notice to the
Defendant No.2 on Dated:-28-12-2022 to
deposit the interest to the Plaintiff No.1
account. (The copy of the legal notice
herewith produced as Document No. 5.)

15. It is further submitted that the Defendant

No 2 through his counsel K.V.Shyama Prasada
and Company Advocate replied notice stating
that the “Nominees only colleting the
entire amount as per Bank norms” hence
in the plaintiffs revisited the Defendant No 2
 Branch the defendant No.1 and 2 again failed
to deposit the said amount to the Plaintiff No.1
and again requested for the original receipt of
Suit Scheduled Fixed deposit. (The copy of the
legal notice herewith produced as Document
No. 6.)

16. The plaintiffs submits that the Plaintiff

visited many times to the office of the
defendant No 1 and 2 for the suit scheduled
fixed deposit they always dined and the
Defendant No.1 and 2 intentionally paying the
interest to the Defendant No.3 in the joint
account by violating the Section 45ZA(2) in
BANKING REGULATION ACT,1949 - (2)
Notwithstanding anything contained in any
other law for the time being in force or in any
disposition, whether testamentary or
otherwise, in respect of such deposit, where a
nomination made in the prescribed manner
purports to confer on any person the right to
receive the amount of deposit from the
banking company, the nominee shall, on the
death of the sole depositor or, as the case may
be, on the death of all the depositors, become
entitled to all the rights of the sole depositor
or, as the case may be, of the depositors, in
relation to such deposit to the exclusion of all
other persons, unless the nomination is varied
or cancelled in the prescribed manner.
17. It is further submitted that without having
any option the Plaintiffs prayed and begged to
the Defendant No.3 to 5 to handover the
Original receipt of suit scheduled Fixed Deposit
where there was no mercy shown by the
defendant No.3 to 5

18. It is further submitted that the Plaintiffs

are aged people and diabetic and the Plaintiff
No.1 is the senior citizen and they have no
earnings hence they need of the said amount
for their basic and medical expenses.

19. The Plaintiffs further respectfully submit

that the Late Sri. G. Kashivishwanatha have
taken the loan of rupees 10 lakhs from the
plaintiffs for his financial needs hence to repay
the said amount, the Late Sri. G.
Kashivishwanatha) has gifted the said property
in favour of the Plaintiff No 1 herein. The Gift
Deed executed by Late Sri. G.
Kashivishwanatha in favour of the Plaintiff No 1
Dated: 24-09-2018 is registered as Document
No. VJN-1-06838-2018-19 in Book No. 1 and
saved in C.D. No. VJND211 Dated: 24-09-2018
in the office of Sub-registrar, Rajajinagara
(Vijayanagara), Bangalore.

20. It is further submitted that the defendant

No 3 to 5 have picked up quarrel with the
Plaintiffs and Late Sri. G. Kashivishwanatha and
with purchasers for the said gift deed hence
the purchaser Sri. K.V. Eshwar S/o. Late. K. N.
Venkataramanasara and Smt. Chanadrakantha
W/o. Sri. K. V. Eshwara have requested the
Plaintiff No 1 to jointly sell the property for
their safety hence the Late Sri. G.
Kashivishwanatha along with the plaintiff no 1
have jointly sold the aforementioned property
in favour of Sri. K.V. Eshwar S/o. Late. K. N.
Venkataramanasara and Smt. Chanadrakantha
W/o. Sri. K. V. Eshwara for valuable sale
consideration and the sale deed executed in
favour of the purchaser is registered as
Document No. SRI-1-00865-2019-20 in Book
No.1 and saved in C.D. No. SRID310 Dated: 16-
05-2019 in the office of Sub-Registrar,
Srirampuram, Bangalore Dated: 16-05-2019 for
the total consideration of 49,20,000 Lakhs
(Rupees Forty Nine lakhs Twenty thousand
Rupees only) out of which with love and
affection Plaintiff No 1 have deposited
Rs.34,00,000/- (Rupees thirty four lakhs only)
in the Somavamsha Sahasrarjuna kshathriya
Co-operative Society Limited on Dated:-30-
05-2019 as a Fixed Deposit Account No
FD01190000014652 in favour of Late Sri. G.
Kashivishwanatha (The copy of the fixed
deposit bearing Account No
FD01190000014652 herewith produced as
Document No. 7.)
21. The cause of action for filing the instant
petition arose on 15-05-2021, being the date of
death of Late. Sri. G. Kashivishwanatha. The
Nomination Registration No. is 231-19/20 made
in the name of Plaintiff No 1 in the suit
scheduled fixed deposit. Hence the plaintiff No
1 is the nominee of the suit scheduled fixed
deposit, the Plaintiff No 1 is entitle to claim the
deposit in his favour after the death of the Late
Sri. G. Kashivishwanatha hence the Late Sri.
G. Kashivishwanatha death in the same
jurisdiction and the suit scheduled fixed
deposit deposited within the jurisdiction of this
Hon'ble Court. (The copy of the death
certificate of the Late. Sri. G. Kashivishwanatha
herewith produced as Document No. 8.)

22. The Plaintiff herein have produced the

copies of the documents in substantiation of
their plea and reserve their right to produce
the original documents at the appropriate
stage of the proceedings.

23. There is no pendency of any legal

proceedings and litigation either past or
present concerning any part of the subject
matter on the same cause of action either in
this court or in any other court, within the
knowledge of the Plaintiffs.

24. The plaintiffs have paid the prescribed

court fee on this petition in terms of the
 provisions of the Karnataka Court Fee and Suit
Valuation Act 1958.

PRAYER

WHEREFORE under the above mentioned facts and

circumstances the Plaintiffs respectfully prays that
this Hon'ble Court may kindly be pleased to:

a) To direct the 1st and 2nd Defendant to deposit

the suit scheduled Fixed Deposit in favour of the
Plaintiff No 1 in respect of amount deposited in
fixed deposit account of Karnataka Bank Ltd., as
clearly stated in the schedule mentioned below.

b) To direct the 1st and 2nd Defendant to deposit

the interest in favour of the Plaintiff No 1 in
respect of amount deposited in fixed deposit
account of Karnataka Bank Ltd., as clearly stated
in the schedule mentioned below.

c) To direct the 3rd to 5th Defendant to hand over

the original suit scheduled fixed deposit receipt
to the plaintiffs and refund the interest collected
by the Defendant No. 1 and 2 in respect of
amount deposited in fixed deposit account of
Karnataka Bank Ltd., as clearly stated in the
schedule mentioned below.
 d) Grant such other consequential relief as may be
deemed necessary by this Hon'ble Court in the
facts and circumstances of the case in the
interest of justice and equity.

Bangalore Advocate
for Plaintiffs
Date:

SCHEDULE

The Fixed Deposit made by Late. Sri. Kashivishwanath

G., in Karnataka Bank Ltd., Chickpet Branch,
Bangalore-560053 for sum of Rs. 19,00,000/- (Rupees
Ninteen Lakh only) bearing Deposit Account Number
0561500123901501 customer ID: 056025278 with the
nominee and nomination registration No. 231-19/20
in the Plaintiff No1 Name favour.

VERIFICATION

I, Manjunath S/o. late. K.N. Gopalakrishna, Aged about

61 years,
do hereby state on behalf of myself and Plaintiff No. 2
that the contents of paragraph no. 1 to 22 of the
instant petition are true to the best of my knowledge,
Information and belief.
Bangalore Advocate
for Plaintiffs
Date:

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE

O. S. NO. / 2023

BETWEEN

G. Manjunath and another

PLAINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

VERIFYING AFFIDAVIT
I Manjunath S/o. Late. K.N. Gopalakrishna, Aged
about 61 years, Residing at No. 38, 1st A Cross,
Byraveshwaranagara, Near, Shanthidhama School,
Sunkadakatte, Bangalore North, Bangalore-560091,
do hereby solemnly affirm and state on oath as
follows:
I say I am Plaintiff No 1, I am swearing to this affidavit
on behalf of myself and as well as Plaintiff No 2.

I say contents of paragraph no. 1 to 22 of the Instant

petition are true to the best of my knowledge,
information and belief.
Bangalore
DEPONENT
Date:

Identified by me
Advocate

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE

O. S. NO. 5781/2023

BETWEEN

G. Manjunath and another

PLINTIFFS

AND
Karnataka Bank Ltd, and others
DEFENDANTS

APPLICATION UNDER ORDER VI RULE 14

OF THE CODE OF CIVIL PROCEDURE 1908

It is submitted to this Hon’ble Court that the

addresses of the parties as shown in the cause title
are true to and correct to the best of my knowledge
and information.

Bangalore Advocate
for Plaintiffs
Date:

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE
I.A No 1/2-2023
IN

O. S. NO. / 2023

BETWEEN

G. Manjunath and another

PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS
APPLICATION UNDER ORDER XXXIX RULE 1 AND
2 READWITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908

For the reasons, stated in the accompanying affidavit,

it is prayed that pending disposal of the above suit
this Hon'ble Court may be pleased to issue an ad-
interim order of temporary injunction restraining the
Defendant No 1 and 2, his men, agents, successors,
servants or any one claiming through or under him to
encash or transfer or Deposit the suit scheduled fixed
deposit in favor of the Defendant No 3 to 5 or to any
third parties in respect of amount deposited in suit
scheduled fixed deposit in the interest of justice and
equity.

Pending disposal of this application, this Hon'ble Court

may be pleased to issue an ex parte ad interim order
as prayed for above, in the interests of
justice and equity.

SCHEDULE

The Fixed Deposit made by Late. Sri. Kashivishwanath

G., in Karnataka Bank Ltd., Chickpet Branch,
Bangalore-560053 for sum of Rs. 19,00,000/- (Rupees
Ninteen Lakh only) bearing Deposit Account Number
0561500123901501 customer ID: 056025278 with
nomination registration No. 231-19/20 in the Plaintiff
No1 Name favour.
Bangalore Advocate
for Plaintiffs
Date:

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE
I.A No 2/2023
IN
O. S. NO. / 2023

BETWEEN

G. Manjunath and another

PLINTIFFS

AND
Karnataka Bank Ltd, and others
DEFENDANTS

Affidavit
I Manjunath S/o. Late. K.N. Gopalakrishna, Aged
about 61 years, Residing at No. 38, 1st A Cross,
Byraveshwaranagara, Near, Shanthidhama School,
Sunkadakatte, Bangalore North, Bangalore-560091
1. I am the plaintiff No 1 in the above suit and I am
aware of the facts of the case and about to
dispose thereto on myself and on behalf of
Plaintiff No 2.
2. I state that Late Sri. G. Kashivishwanath have
approached the Plaintiff No 1 and 2 and offered
that the Late Sri. G. Kashivishwanath will resale
the property once the Sri.M.R.Jayaram execute
the sale deed in favour of the Late Sri. G.
Kashivishwanatha and requested 19,00,000/-
(Rupees Nineteen Lakhs only) to complete the
sale consideration.
3. I State that whereas the Shri. M.R.Jayaram
through his General Attorney holder, Sri. M. R.
Srikant, sold the property in favour of the
Smt.K.H.Indiradevi and Sri. K. Shiva kumar herein
for a valuable sale consideration free from all
encumbrances, under the Sale Deed dated 09-
01-2008, Registered as Document No. GAN-1-
03784-2007-08 of Book- I and stored in C.D.No.
GAND99 on 09-01-2008 in the Office of the Sub-
Registrar, Gandhinagar, Bangalore.
4. I State that on dated: 20.05.2019 the Plaintiff
No.1 have deposited the sum of Rs.5,00,000/-
( five lakh rupees only) to the Late Sri. G.
Kashivishwanatha account further on dated:
27.05.2019 the Plaintiff No.1 have again
deposited the sum of Rs.5,00,000/- ( five lakh
rupees only) to the Late Sri. G. Kashivishwanatha
account, further on dated: 27.05.2019 the
Plaintiff No.1 have again deposited the sum of
Rs.8,00,000/- (Eight lakh rupees only) to the Late
Sri. G. Kashivishwanatha account, further on
dated: 27.05.2019 the Plaintiff No.1 have paid
by cash for the sum of Rs.1,00,000/- ( One lakh
rupees only) to the Late Sri. G. Kashivishwanatha
to execute the bond of Rs.19,00,000/- (Nineteen
lakh rupees only) which is marked as exhibit P 67
in O.S. No. 1168/2008 pending on the file of
Hon'ble Court of XXX Addl. City Civil and
Sessions Judge at Bangalore (CCH-31).

5. I state that the Late Sri. G. Kashivishwanatha

have made the fixed deposit, the Fixed deposit
account number FD A/C No. 0561500123901501,
Customer ID: 056025278 and FD Bond No.
MTL/TDR/E 0703337 in the defendant No 2
Branch as keeping the Plaintiff No 1 as a
nominee. Whereas the Late Sri. G.
Kashivishwanatha had opened fixed deposit by
receiving amount of Rupees nineteen lakh Only)
Rs. 19,00,000/- from the plaintiffs and the same
has been deposited in his name Mr.
KASHIVISHWANATHA G account and the same
 fund has been fixed deposited by the Late Sri.
G. Kashivishwanath. The fixed deposit will
mature on date 04-06-2020. The Nomination
Registration No. is 231-19/20 made in plaintiff No
1 name favour.

6. I state that on dated 06-06-2019 the

B.Chandrashekar the Advocate on record for Late
Sri. G. Kashivishwanatha In O.S. No. 1168/2008
along with the Late Sri. G. Kashivishwanatha and
Defendant No 3 have requested the Plaintiff
No.1and 2 to hand over the original suit
scheduled Fixed Deposit Receipt to produce the
same In O.S. No. 1168/2008 pending on the file
of Hon'ble Court of XXXI Addl. City Civil and
Sessions Judge at Bangalore (CCH-31) the same
has been acknowledge by the Advocate by B.
Chandrashekar,

7. I State that the Late Sri. G. Kashivishwanatha in

O.S. No. 1168/2008 pending on the file of
Hon'ble Court of XXXI Addl. City Civil and
Sessions Judge at Bangalore (CCH-31). On dated
29-06-2019. has submitted the Evidence by way
of affidavit in Averment no 11 and 12 sworn that
“further state that my brother G.Manjunath and
his wife Smt.B.Rajani had a sum of Rs.
19,76,000/- (Rupees nineteen money during the
period of August 2007 to March 2008 and was
ready to give lakhs seventy six thousand only)
the money to me to perform my part of the
contract: But I have received a notice from
defendant No.1 on 17-1-2008 and then only I
came to know that the defendant No.1 has
already sold the suit schedule property to
defendant No.2 and 3 on 9-1-2008 itself. Later
on my brother and his wife have utilized the
money kept to complete the transaction of the
suit schedule property and have invested the
said amount on different properties and have
purchased other properties. I further state my
brother and his wife had a sufficient amount,
required to complete the transaction during the
month of August 2007 to March 2008 and was
ready to support me to complete the sale
transaction of the suit schedule property. To
establish the relationship with me, my brother
and his wife are produced the voter Identity card
as documents. I was ready and willing to perform
my part of the contract with the help of my
brother and his wife Smt. Rajani who had
sufficient amount and they were ready to help
me to purchase the suit schedule property.”
further state that the further development is
that, I again approached my brother
Sri.G.Manjunath and his wife Smt.B.Rajani to
purchase the suit schedule property and they
accepted my request and have deposited
Rs.19.00,000/- (Rupees nineteen lakhs only) by
way of fixed deposit in my name in the
Karnataka bank Ltd., chickpet branch,
Bangalore-560053 on 04-06- 2019 deposited in
the account No.0561500123901501 for a period
of one year”
8. I State that the Defendant No.3 to 5 have
withdrawn the said original suit scheduled
Fixed Deposit receipt which is marked as
Exhibit P 67 In O.S. No. 1168/2008 pending on
the file of Hon'ble Court of XXXI Addl. City Civil
and Sessions Judge at Bangalore (CCH-31). And
trying to en cash the said suit scheduled Fixed
Deposit from the Defendant No.1 and 2 Bank.

9. I State that Defendant No 3 to 5 are bound to

repay the said suit scheduled Fixed deposit in
favour of Plaintiff No 1 and 2. It is submitted
that hence the deceased

Late Sri. G. Kashivishwanatha have made the

nominee it’s the duty of the Defendant No 1
and 2 to dispense the suit scheduled fixed
deposit amount with interest in favour of the
Plaintiff No 1.The Plaintiff and 1 and 2 are
entitle to seek the declaration before this
Hon’ble Court, hence this accompanying
Application.

10. I say I am Plaintiff No 1 am swearing to

this affidavit on behalf of myself as well as
Plaintiff No 2.

11. I say contents of paragraph no. 1 to 11 of

the affidavit are true to the best of my
knowledge, information and belief.
Bangalore
DEPONENT
Date:

Identified by me
Advocate

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE

I.A No 2/2023
IN
O. S. NO. 5781/ 2023

BETWEEN
G. Manjunath and another
PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

APPLICATION UNDER ORDER XXXIX RULE 1 AND

2 READWITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908

For the reasons, stated in the accompanying affidavit,

it is prayed that pending disposal of the above suit
this Hon'ble Court may be pleased to issue an ad-
interim order of temporary injunction restraining the
Defendant No 1 and 2, his men, agents, successors,
servants or any one claiming through or under him to
encash or transfer or Deposit the suit scheduled fixed
deposit in favor of the Defendant No 3 to 6 or to any
third parties in respect of amount deposited in suit
scheduled fixed deposit in the interest of justice and
equity..

Pending disposal of this application, this Hon'ble Court

may be pleased to issue an ex parte ad interim order
as prayed for above, in the interests of
justice and equity.

SCHEDULE
The Fixed Deposit made by Late. Sri. Kashivishwanath
G., in Karnataka Bank Ltd., Chickpet Branch,
Bangalore-560053 for sum of Rs. 19,00,000/- (Rupees
Ninteen Lakh only) bearing Deposit Account Number
0561500123901501 customer ID: 056025278 with
nomination registration No. 231-19/20 in the Plaintiff
No1 Name.

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE
 I.A No 2/2023
IN

O. S. NO. / 2023

BETWEEN

G. Manjunath and another

PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

Affidavit
I Manjunath S/o. Late. K.N. Gopalakrishna, Aged
about 61 years, Residing at No. 38, 1st A Cross,
Byraveshwaranagara, Near, Shanthidhama School,
Sunkadakatte, Bangalore North, Bangalore-560091
1. I am the plaintiff No 1 in the above suit and I
am aware of the facts of the case and about to
dispose thereto on myself and on behalf of
Plaintiff No 2.
2. I state that Defendant No. 3 have approached
the Plaintiff No 1 and 2 and offered that the
Defendant No. 3 will resale the property once
the Sri.M.R.Jayaram execute the sale deed in
favour of the Late Sri. G. Kashivishwanatha
and requested 19,00,000/- (Rupees Nineteen
Lakhs only) to complete the sale
consideration.
3. I State that whereas the Shri. M.R.Jayaram
through his General Attorney holder, Sri. M. R.
Srikant, sold the property in favour of the
Smt.K.H.Indiradevi and Sri. K. Shiva kumar
herein for a valuable sale consideration free
from all encumbrances, under the Sale Deed
dated 09-01-2008, Registered as Document
No. GAN-1-03784-2007-08 of Book- I and
stored in C.D.No. GAND99 on 09-01-2008 in
the Office of the Sub-Registrar, Gandhinagar,
Bangalore.

4. I State that on dated: 20.05.2019 the Plaintiff

No.1 have deposited the sum of Rs.5,00,000/-
( five lakh rupees only) to the Late Sri. G.
Kashivishwanatha account further on dated:
27.05.2019 the Plaintiff No.1 have again
deposited the sum of Rs.5,00,000/- ( five lakh
rupees only) to the Late Sri. G.
Kashivishwanatha account, further on dated:
27.05.2019 the Plaintiff No.1 have again
deposited the sum of Rs.8,00,000/- (Eight lakh
rupees only) to the Late Sri. G.
Kashivishwanatha account, further on dated:
27.05.2019 the Plaintiff No.1 have paid by
cash for the sum of Rs.1,00,000/- ( One lakh
rupees only) to the Defendant to execute the
bond of Rs.19,00,000/- (Nineteen lakh rupees
only) which is marked as exhibit P 67 in O.S.
No. 1168/2008 pending on the file of Hon'ble
Court of XXX Addl. City Civil and Sessions
Judge at Bangalore (CCH-31).
5. I state that the Late Sri. G. Kashivishwanatha
have made the fixed deposit, the Fixed
deposit account number FD A/C No.
0561500123901501, Customer ID: 056025278
and FD Bond No. MTL/TDR/E 0703337 in the
defendant No 2 Branch as keeping the Plaintiff
No 1 as a nominee. Whereas the Late Sri. G.
Kashivishwanatha had opened fixed deposit by
receiving amount of Rupees nineteen lakh
Only) Rs. 19,00,000/- from the plaintiffs and
the same has been deposited in his name Mr.
KASHIVISHWANATHA G account and the same
fund has been fixed deposited by the the
defendant 3 the fixed deposit will mature on
date 04-06-2020. The Nomination Registration
No. is 231-19/20 made in plaintiff No 1 name.

6. I state that on dated 06-06-2019 the

B.Chandrashekar the Advocate on record for
Defendant No. 3 (Late Sri. G.
Kashivishwanatha) along with the Defendant
No 3 and his Defendant No 3 have requested
the Plaintiff No.1& 2 to hand over the original
suit scheduled Fixed Deposit Receipt to
produce the same In O.S. No. 1168/2008
pending on the file of Hon'ble Court of XXXI
Addl. City Civil and Sessions Judge at
Bangalore (CCH-31) the same has been
acknowledge by the Advocate by B.
Chandrashekar,
7. I State that the Defendant No. 3 (Late Sri. G.
Kashivishwanatha) in O.S. No. 1168/2008
pending on the file of Hon'ble Court of XXXI
Addl. City Civil and Sessions Judge at
Bangalore (CCH-31). On dated 29-06-2019.
has submitted the Evidence by way of affidavit
in Averment no 11 and 12 sworn that “further
state that my brother G.Manjunath and his
Defendant No 3 Smt.B.Rajani had a sum of Rs.
19,76,000/- (Rupees nineteen money during
the period of August 2007 to March 2008 and
was ready to give lakhs seventy six thousand
only) the money to me to perform my part of
the contract: But I have received a notice from
defendant No.1 on 17-1-2008 and then only I
came to know that the defendant No.1 has
already sold the suit schedule property to
defendant No.2 and 3 on 9-1-2008 itself. Later
on my brother and his Defendant No 3 have
utilized the money kept to complete the
transaction of the suit schedule property and
have invested the said amount on different
properties and have purchased other
properties. I further state my brother and his
Defendant No 3 had a sufficient amount,
required to complete the transaction during
the month of August 2007 to March 2008 and
was ready to support me to complete the sale
transaction of the suit schedule property. To
establish the relationship with me, my brother
and his Defendant No 3 are produced the
voter Identity card as documents. I was ready
 and willing to perform my part of the contract
with the help of my brother and his Defendant
No 3 Smt. Rajani who had sufficient amount
and they were ready to help me to purchase
the suit schedule property.”
further state that the further development is
that, I again approached my brother
Sri.G.Manjunath and his Defendant No 3
Smt.B.Rajani to purchase the suit schedule
property and they accepted my request and
have deposited Rs.19.00,000/- (Rupees
nineteen lakhs only) by way of fixed deposit in
my name in the Karnataka bank Ltd., chickpet
branch, Bangalore-560053 on 04-06- 2019
deposited in the account
No.0561500123901501 for a period of one
year” The certified Copy of Evidence By Way
of Affidavit dated 29-06-2019 In O.S. No.
1168/2008 pending on the file of Hon'ble Court
of XXXI Addl. City Civil and Sessions Judge at
Bangalore (CCH-31)

8. I State that the Defendant No.4 to 6 have

withdrawn the said original suit scheduled
Fixed Deposit receipt which is marked as
Exhibit P 67 In O.S. No. 1168/2008 pending
on the file of Hon'ble Court of XXXI Addl. City
Civil and Sessions Judge at Bangalore (CCH-
31). And trying to en cash the said suit
scheduled Fixed Deposit from the Defendant
No.1& 2 Bank.
 9. I State that Defendant No 3 to 6 are bound
to repay the said suit scheduled Fixed
deposit in favour of Plaintiff No 1 and 2. It is
submitted that hence the deceased
Defendant No 3 have made the Plaintiff No 1
and 2 it’s the duty of the Defendant No 1
and 2 to dispense the suit scheduled fixed
deposit amount with interest in favour of the
Plaintiff No 1.The Plaintiff and 1 and 2 are
entitle to seek the declaration before this
Hon’ble Court, hence this accompanying
Application.

10. I say I am Plaintiff No 1 am swearing to

this affidavit on behalf of myself as well as
Plaintiff No 2.

11. I say contents of paragraph no. 1 to 11 of

the affidavit are true to the best of my
knowledge, information and belief.

Bangalore
DEPONENT
Date:

Identified by me
Advocate
IN THE COURT OF PRINCIPAL CITY CIVIL
AND SESSIONS JUDGE AT BANGALORE

O. S. NO. / 2023
BETWEEN

G. Manjunath and another

PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

Memo for Production of the Original

Documents

1. The original receipts of the payments to

defendant no 3 by plaintiff No 1 is herewith
produced as Document No. 1

2. The certified Copy of Evidence By Way of

Affidavit by Defendant No 3 dated 29-06-
2019 In O.S. No. 1168/2008 pending on the
file of Hon'ble Court of XXXI Addl. City Civil
and Sessions Judge at Bangalore (CCH-31).is
herewith produced as Document No. 2.

3. The certified copy of the suit scheduled

Fixed Deposit receipt herewith produced as
Document No. 3

4. The original copy of the acknowledgment by

Advocate by B. Chandrashekar in the copy
of the suit scheduled Fixed Deposit receipt
herewith produced as Document No. 4
 5. The copy of the legal notice issued by the
Plaintiff No 1 to Defendant No 2 herewith
produced as Document No. 5

6. The copy of the replay legal notice issued by

the Defendant No 2 Council herewith
produced as Document No. 6.

7. The true copy of the fixed deposit bearing

Account No FD01190000014652 gifted by
Plaintiff No 1 to Defendant No 3 herewith
produced as Document No. 7

8. The true copy of the death certificate of the

defendant 3 (late. Sri. G. Kashivishwanatha)
herewith produced as Document No. 8

Bangalore Advocate
for Plaintiffs
Date:

IN THE COURT OF PRINCIPAL CITY CIVIL

AND SESSIONS JUDGE AT BANGALORE

O. S. NO. / 2023
BETWEEN
G. Manjunath and another
PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

LIST OF DOCUMENTS

Sl No. Description of Documents Pages

1 The original receipts of the
payments to Late. Sri. G.
Kashivishwanatha by plaintiff No
1 is herewith produced as
Document No. 1

2 The certified Copy of Evidence

By Way of Affidavit by Late. Sri.
G. Kashivishwanatha dated 29-
06-2019 In O.S. No. 1168/2008
pending on the file of Hon'ble
Court of XXXI Addl. City Civil and
Sessions Judge at Bangalore
(CCH-31).is herewith produced
as Document No. 2.

3 The certified copy of the Fixed

Deposit receipt herewith
produced as Document No. 3

4 The original copy of the

acknowledgment by Advocate by
 B. Chandrashekar In O.S. No.
1168/2008 pending on the file of
Hon'ble Court of XXXI Addl. City
Civil and Sessions Judge at
Bangalore (CCH-31) the copy of
the suit scheduled Fixed Deposit
receipt herewith produced as
Document No. 4

5 The copy of the legal notice issued

to the
Karnataka Bank (Chikpet Branch)
herewith produced as Document
No. 5
6 The copy of the replay legal notice
issued by the Karnataka Bank
herewith produced as Document
No. 6.
7 The true copy of the fixed
deposit bearing Account No
FD01190000014652 payed by
Respondent No 7 to Late. Sri. G.
Kashivishwanatha herewith
produced as Document No. 7

8 The true copy of the death

certificate of the Late. Sri. G.
Kashivishwanatha herewith
produced as Document No. 8
Bangalore Advocate for
Plaintiffs
Date:
 IN THE COURT OF PRINCIPAL CITY CIVIL
AND SESSIONS JUDGE AT BANGALORE

O. S. NO. 5781/2023

BETWEEN

G. Manjunath and another …….

PLINTIFFS

AND

Karnataka Bank Ltd, and others …….

DEFENDANTS

UNDER SECTION 151 OF THE CODE OF CIVIL

PROCEDURE PLAINTIFFS ABOVE NAMED SUBMIT AS
FOLLOWS:

For the reasons sworn to in the accompanying

affidavit, plaintiffs prays that this Hon’ble Court may
kindly be pleased to extend the ad-interim order of
injunction granted in favour of the plaintiffs dated:-
13.09.2023 on I.A.No.1 till further orders in the
interest of justice and equity.

Bangalore,
Dated:-16-01-2024 ADVOCATE FOR
PLAINTIFFS

IN THE COURT OF PRINCIPAL CITY

CIVIL AND SESSIONS JUDGE AT
BANGALORE

O. S. NO. 5781 / 2023

BETWEEN

G. Manjunath and another

PLINTIFFS

AND

Karnataka Bank Ltd, and others

DEFENDANTS

Affidavit
I Manjunath S/o. Late. K.N. Gopalakrishna, Aged
about 61 years, Residing at No. 38, 1st A Cross,
Byraveshwaranagara, Near, Shanthidhama School,
Sunkadakatte, Bangalore North, Bangalore-560091

1. I am the plaintiff No 1 in the above suit and I am

aware of the facts of the case and I am swearing to
this affidavit on behalf of Plaintiff No 2.

2. I submit this Hon’ble Court was pleased to issue

an ad-interim order of temporary injunction
restraining the Defendant No.1 and 2, his men,
agents, successors, servants or deposit the suit
schedule fixed deposit till the next date of hearing
i.e., to this day.

3. I submit that I filed this application kindly extend

the Interim order today to till further orders.

Whereas stated above true and correct best of my

knowledge.

IDENTIFIED BY ME

DEPONENT
ADVOCATE
Bangalore,
Dated:-05-12-2023.