Bangalore District Court
Manjunath G vs Karnataka Bank Ltd on 1 June, 2026
KABC010242192023
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
DATED THIS THE 1ST DAY OF JUNE, 2026
PRESENT: SRI GANAPATI GURUSIDDA BADAMI,
B.A. LL.B.(Spl)
(Name of the Presiding Judge)
O.S.No.5781/2023
PLAINTIFF/S 1 G.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.
2 Smt.B.Rajani,
Defendant No 3 of Sri.G.Manjunath,
Aged about 58 years,
Residing at No.38,
1st A Cross, Byraveshwaranagara,
Near, Shanthidhama School,
Sunkadakatte, Bangalore North,
Bangalore - 560091.
[By Sri.M.G.B., Advocate]
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O.S.No.5781/2023
/Vs/
DEFENDANT/S 1 Karnataka Bank Ltd,
Represented by its Chief Manager,
Mahaveera Circle, Kankanady,
Mangaluru - 575002.
2 Karnataka Bank Ltd,
Represented by its
Branch Manager,
Otc Road, Near Balepet Post Office,
Chickpet, Bangalore,
Bangalore - 560053.
3 Smt.Sathyabhama H.N.
W/o.Late. Sri.G.Kashivishwanatha
Aged about 58 years,
4 K.Srinath,
S/o.Late Sri.G.Kashivishwanatha
Aged about 37 years,
5 K.Mohana,
S/o.Late. Sri.G.Kashivishwanatha
Aged about 35 years,
The Defendant No 3 to 5 are residents of
No.41, 1st Main Road, 18th Cross,
MTS Layout, Kengeri Satellite Town,
Bangalore - 560060.
(D-1, 2 - By Sri.KVS Advocate)
(D-3 to D-5 - By Sri.HMN Advocate)
Date of Institution of the suit : 07.09.2023
Nature of the Suit : Injunction Suit
Date of commencement of : 19.03.2025
recording of evidence
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O.S.No.5781/2023
Date on which the Judgment : 01.06.2026
was pronounced
Total Duration Year/s Month/s Day/s
2 8 25
(GANAPATI GURUSIDDA BADAMI)
VI ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
JUDGMENT
The plaintiffs have filed the present suit against the defendants seeking the relief of mandatory injunction.
2. It is averred in the plaint that late Sri G.Kashi Vishwanath was the brother of plaintiff No.1 and that defendant No.3 is the wife of late G. Kashi Vishwanath. Defendant Nos.4 and 5 are the children of late G. Kashi Vishwanath.
3. It is further averred that, during his lifetime, late G. Kashi Vishwanath had entered into a sale agreement dated 13.10.2007 in respect of the suit schedule property. It is 4 O.S.No.5781/2023 stated that he was not having sufficient consideration amount to complete the transaction and, therefore, he approached plaintiff Nos.1 and 2 seeking financial assistance. He also offered to re-sell the property in favour of plaintiff Nos.1 and 2, being fully aware that the plaintiffs had sufficient financial capacity.
4. The plaintiffs have further contended that, on 20.05.2019, plaintiff No.1 deposited a sum of Rs.5,00,000/- to the account of late G. Kashi Vishwanath. Again, on 27.05.2019, plaintiff No.1 deposited another sum of Rs.5,00,000/- to the account of late G. Kashi Vishwanath. On the very same day, plaintiff No.1 further deposited a sum of Rs.8,00,000/- to the account of late G. Kashi Vishwanath and also paid cash of Rs.1,00,000/-, thereby advancing a total amount of Rs.19,00,000/-. It is stated that the said transaction is reflected in the bond marked as Ex.P-67 in O.S.No.1168/2008 pending on the file of the learned XXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-
31).
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5. It is further averred that, as security for the said loan amount, late G. Kashi Vishwanath nominated plaintiff No.1 as nominee in the Fixed Deposit bearing Account No.0561500123901501 maintained with Karnataka Bank Limited and handed over the original Fixed Deposit Receipt to plaintiff No.1 for safe custody and as security for repayment of the loan amount.
6. The plaintiffs have further contended that, on 29.06.2019, late G. Kashi Vishwanath, in his chief- examination affidavit filed in O.S.No.1168/2008, stated that his brother G.Manjunath and his wife Smt. B. Rajini had arranged a sum of Rs.19,76,000/- during the period from August 2007 to March 2008 and were ready to provide financial assistance to enable him to perform his part of the contract. However, he had received notice from defendant No.1 on 17.01.2008 and only thereafter came to know that defendant No.1 had already sold the suit schedule property in favour of defendant Nos.2 and 3 under a sale deed dated 09.01.2008.
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7. It is also stated in the said affidavit that his brother and sister-in-law had kept sufficient funds ready to complete the transaction in respect of the suit schedule property and had later invested the said amount in other properties after the proposed transaction could not materialize. Late G. Kashi Vishwanath further stated that plaintiff No.1 and his wife had sufficient financial capacity during the relevant period from August 2007 to March 2008 and were always ready to support him in completing the sale transaction.
8. It is further averred that, in order to establish their relationship and financial capacity, plaintiff No.1 and his wife had produced their voter identity cards and other supporting documents before the Court in the said proceedings.
9. They were ready to help him to purchase the suit property. He further stated that he again approached his brother G. Manjunath and Smt. B. Rajini to purchase the suit schedule property, who accepted his request and deposited Rs. 19 lakh by way of fixed deposit in his name at Karnataka 7 O.S.No.5781/2023 Bank Limited, Chickpet Branch, Bangalore, on 4-6-2019 in the account No. 0561500123901501 for the period of one year. Late G. Kashi Vishwanatha deposited amount under the said fixed deposit account in the bank of defendant No. 2 by mentioning the plaintiff No.1 as his nominee, which will mature on 04-06-2020.
10. On 06-06-2019, Sri B. Chandrashekar Advocate on record for late Kashi Vishwanath O.S.No.1168/2008 pending on the file of CCH-31 along with the late Kashi Vishwanath and defendant No.3, requested the plaintiff No.1 and 2 to hand over the original fixed deposit receipts to produce the same before court in the said suit, which is acknowledged by Advocate B. Chandrasekhar and promised to return the original fixed deposit receipts to the plaintiff No.1 and 2, but they failed to return the same till today.
11. The defendant No.3 to 5 in P&SC No.515/2022 to get the succession certificate if they are defendant No.3 to 5 in respect of amount deposited in the fixed deposit receipt in the 8 O.S.No.5781/2023 account of Karnataka Bank Ltd with an intention to cheat the plaintiffs. They withdrew the fixed deposit amount and trying to encash the said amount from the defendant No.2 Bank. The plaintiff No.1 visited the defendant No.1 and 2 branch to encash the fixed deposit, who refused to encash the same and demanded original fixed deposit receipts.
12. The plaintiff No.1 issued legal notice to the defendant No.2 on 28-12-2022 to deposit the interest up to the plaintiff No.1 account. The defendant No.2 given reply to the notice stating that nominee is only collecting the entire amount as per bank norms. The plaintiffs visited to the defendant No.2 branch, who again failed to deposit said amount to the plaintiff No.1 and requested to produce original fixed deposit receipts. But inspite of visit for many times, the defendant No.1 and 2 denied to pay the interest by violating section 45ZA (2) of Banking Regulation Act 1949.
13. The plaintiffs requested to the defendant No.1 to hand over original receipt of the fixed deposit who have not shown 9 O.S.No.5781/2023 any mercy. The plaintiffs are aged and suffering from diabetes and plaintiff No. 1 is a senior citizen, and they have no earnings, and they are in the need of a said amount for their basic and medical requirements. They have taken the loan of Rs. 10 lakh for financial needs and in order to repay the said amount, Late Sri G. Kashi Vishwanath, gifted said property in favour of plaintiff No. 1 on 24/09/2018, vide document No. VJN/1/06838/2018-19 in Book No. 1, CD No.VJND211 in the office of Sub-Registrar, Rajajinagar, Bengaluru.
14. The defendant No.1 to 3 quarreled with plaintiffs, late Kashi Vishwanath and purchasers for the gifted property.
Purchasers by name K.V.Eshwar S/o Late K.N.Venkataramanasara and Smt. Chandrakantha W/o
K.V.Eshwar have requested the plaintiff No.1 to jointly sell the property for their safety for which G. Kashi Vishwanath and plaintiff No.1 have sold said property in favour of K.V.Eshwar S/o Late K.N.Venkataramanasara and Smt. Chandrakantha W/o K.V.Eshwar for valuable consideration under the sale deed dated 16.05.2019, bearing document No. SRI-1- 10 O.S.No.5781/2023 00865/2019-20, Book No.1, CD No.SRID 310 in the office of Sub-Registrar, Srirampuram, Bangalore, for sale consideration of Rs. 49,20,000/- with love and affection.
15. The plaintiff No. 1 deposited the amount of Rs.34,00,000/- in the Somavamsha Sahasrajuna Kshathriya Co-operative bank Limited on 30.05.2019 as a fixed deposit bearing account No. FD01190000014652 in favour of late G. Kashi Vishwanath. Hence the plaintiffs are constrained to file this suit.
16. The defendant No.1 and 2 have filed a written statement containing that the suit is not maintainable either in law or on facts and liable to be dismissed. The defendants are not aware of relationship between plaintiff No.1 and defendant No.3 to 5 and transaction regarding sale agreement dated 13/10/2017 and payment regarding sale agreement, sale agreement. It is admitted that, an amount of Rs. 19,00,000 was kept in FD account No. 0561500123901501, customer ID No.0560025278 and FD Bond No.MTL/TDR/E0703337 11 O.S.No.5781/2023 standing in the name of Kashi Vishwanath, and nominee is mentioned in the said receipt is Sri. G.Manjunatha.
17. The defendants are not aware that, the said amount belongs to the plaintiff No.1. The death of G.Kashi Vishwanatha Rao was not reported anybody till the receipt of Legal Notice from the first plaintiff to the defendant No.2. It is true that, plaintiff No.1 approached the defendant No.2 for encashment of fixed deposit, but he has failed to produce original fixed deposit receipt and he was not able to give reasons for non production of original fixed deposit receipts. Bank asked him to produce original fixed deposit receipts for payment. But without any document, he demanded for payment and defendant No.2 refused to make the payment to the plaintiff No.1 even though according to the document he is nominee. The defendant No.1 and 2 are not disputing the section 45ZA (2) of Banking Regulation Act 1949. The defendant No.1 and 2 have learnt that, there is a litigation between the legal heirs of late G.Kashi Vishwanatha and plaintiffs and without clear Court order for payment, the 12 O.S.No.5781/2023 defendant No.1 and 2 are not a position to pay the amount to both parties. The nominees are only entitled to collect the entire amount as per Bank norms by producing original fixed deposit receipt for due discharge of the amount and they have to give it to right person. In view of the dispute between the legal heirs of late G.Kashi Vishwanatha and plaintiffs, the defendant No.1 and 2 not able to pay the amount to the plaintiff without Court order and they have no objection to pay the amount available in the fixed deposit receipt to the beneficiaries in terms of order of this Court.
18. The defendant No.3 to 5 filed their written statement and admitted that defendant No.3 to 5 are class 1 legal heirs of G.Kashi Vishwanatha and they filed petition for succession certificate in respect of fixed deposit made by deceased in Karnataka Bank Ltd., Chickpet Branch, Bengaluru for Rs.19,00,000/- under FD receipt No.0561500123901501 customer ID No.056025278 with the nomination registration number 231-19/20 and said P & SC 515/22 is pending before 11th Addl. City Civil and Sessions Court, Bengaluru 13 O.S.No.5781/2023 and plaintiff No.1 has been arrayed as respondent in the said case who is contesting the petition. The plaintiff No.1 is at liberty to agitate the contentions urged in the said petition but the plaintiffs have chosen to file this false suit with an intention to harass defendant No.3 to 5. As per settled principles of law, nominee being trustee is liable to account for the deposits and matured sums be it fixed deposit or insurance amount held by him as the nominee in favour of legal heirs of deceased. As per para No.10 of the plaint it is categorically stated that, plaintiffs have not made any deposit of amount in the account of deceased G.Kashi Vishwanatha except sale consideration deposited subsequent to the sale of immovable property. The very same deposit receipt is marked as ExP-67 in O.S.No.1168/2008 pending before 31 st Addl. City Civil and Sessions Judge, Bengaluru. The plaintiffs are hell bent upon to make unlawful gain by causing unlawful loss to the defendant No.3 to 5 by suppressing true facts. There is no cause of action to file this suit. The plaintiff No.1 is the brother of deceased G.Kashi Vishwanatha. During the life time of G.Kashi Vishwanatha, he was practicing Ayurvedic 14 O.S.No.5781/2023 Medicine and out of his profession, he earned sufficient income and possessed several immovable properties and he acquired immovable property bearing old No.16 New No.32, at 12th Cross, Magadi Road, Kempapura Agrahara bearing PID No.32-16-14/1 Municipal No.14/1 measuring East-West: 30 Ft, North-South: 35 Ft, bounded by East - Road, West - Site No.15, North - Road and South - Site No.17 along with 5 Sq Ft. AC Sheet house built thereon from Smt.Lakshmamma W/ o. A Mariyappa vide document No.4282/1980-81 Book NO.1 Volume No.707 at Page No.30-32 dtd:24.01.1981 registered in the office of sub-registrar, Srirampuram, Bengaluru. Subsequently out of love and affection deceased late G.Kashi Vishwanatha gifted said property in favour of plaintiff No.1 vide gift deed dated 24.09.2018 registered vide document bearing No.VJN-1-06838/2018-19 Book No.1 CD No.VJND 2011 in the office of sub-registrar Rajajinagar, Bengaluru. The plaintiff NO.1 and G.Kashi Vishwanatha jointly decided to sell property for valuable sale consideration and to share sale proceeds among them and sold the said property in favour of Sri.K.V.Eshwar S/o. Late K.N.Venkataramanasara 15 O.S.No.5781/2023 and Smt.Chandrakantha W/o K.V.Eshwara for valuable sale consideration under Sale deed bearing document No.SRI-1- 00865/2019-20 Book NO.1 CD No.SRID 310 dtd:16.05.2019 in the office of sub-registrar Srirampura Bengaluru. The sale consideration was equally paid to the vendors as reflected in the sale deed. The deceased husband of defendant No. has chosen to invest the said sale proceeds in the fixed deposit in Karnataka Bank Ltd., and deposited Rs.19,00,000/- in the said Bank bearing customer ID NO.056025278. He was prosecuting O.S.No.1168/2008 before CCH-31 which was filed for declaration and specific performance of contract in respect of their property and he furnished certificate of fixed deposit through Court in the said suit to establish his financial capacity to pay remaining sale consideration amount to the agreement of sale in question in the said suit. He suffered head injury due to fall few years before his death and he could not fully recovered and his memory also deteriorated and he seemed to be feeble and he was taking care of his day to day activities. The plaintiff No.1 was assisting him in his usual Course day to day activities and was well aware of his 16 O.S.No.5781/2023 financial dealings including progress of the said suit. They never suspected proximity of plaintiff No.1 with deceased during his lifetime. During the lifetime of G.Kashi Vishwanatha, he suffered Covid-Pandemic and he died on 15.05.2021. The defendant NO.3 to 5 are his legal heirs who came on record in the suit. When they were verifying suit records, when they came across original fixed deposit certificate and on enquiry wite the Bank it was revealed to them that, the registered nominee of fixed deposit with Karnataka Bank Ltd., who is plaintiff No.1. Even though defendant No.3 to 5 being Class I legal heirs of deceased are very much alive, plaintiff No.1 managed to register his name as nominee to the said amount though interest on the said amount drawn in favour of joint account held by deceased G.Kashi Vishwanatha with the defendant No.3. The defendant No.1 to 3 approached plaintiff No.1 for helping them to get deposit amount transferred in the name of defendant No.3 he refused to co-operate. The defendant No.1 to 3 being Class I legal heirs are entitled for the amount deposited in the fixed deposit which is subject matter of P & 17 O.S.No.5781/2023 SC 515/2022 before CCH-8. Therefore, it is prayed to dismiss the suit with exemplary cost.
19. On the basis of the pleadings of the parties this Court has framed following issues;
1. Whether the plaintiffs prove that they have paid amount of Rs.19,00,000/- to Kashivishwanath to enable him to show his ready and willingness to purchase the property in OS No.1168/2008 and kept as a fixed deposit in his name in Defendant No.1 Bank by nominating the 1st plaintiff as nominee?\
2. Whether the Defendants No.1 and 2 prove that plaintiff NO.1 and deceased G Kashivishwanath jointly sold property No.16, New No.32 situated at Kempapura Agrahara through sale deed dated 16.05.2019 in favour of K V Eshwar and apportioned the sale proceeds equally, the deceased Kashivishwanath had invested the sale proceeds in the fixed deposit in Karnataka Bank?
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3. Whether the Defendants No.1 and 2 prove that the petition schedule amount succeeded by them after the death of Kashivishwanath as legal heirs?
4. Whether the Plaintiffs are entitled for petition schedule amount with interest from Defendants?
5. What Decree or Order?
20. Plaintiff No.1 himself examined as PW-1 and got marked ExP-1 to 7 and closed the evidence. Sri.Santosh G A, Asst. Branch Manager of Karnataka Bank Ltd., Chickpet Branch, examined as DW-1 and got marked ExD-1 to 8 and closed the evidence. The defendant NO.5 himself examined as DW-2 and got marked ExD-9 to 13 and closed the evidence.
21. Heard the oral arguments of Learned Counsel for both the parties they have also filed their written arguments. I have gone through the oral and documentary evidence and submissions made by both the parties.
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22. My findings on the above issues are as under:
Issue No.1 : In the Negative Issue No.2: In the Affirmative Issue No.3: In the Affirmative Issue No.4: In the Negative Issue No.5: As per final order for the following:
REASONS
23. Issue Nos.1 to 3 : plaintiff No.1 himself examined as PW-1 and he deposed in his chief examination affidavit that, deceased G.Kashi Vishwanatha is his brother and defendant No.3 is wife and defendant No.4 and 5 are wife and children of Late G.Kashi Vishwanatha. He has also stated that, during the life time of Late G.Kashi Vishwanatha had entered into sale agreement dated 13.10.2007 and he had no consideration amount and requested to the plaintiff No.1 and 2 for amount and made an offer to resale the property in favour of plaintiffs. It is further stated in the chief examination that, on 20.05.2019, he had deposited the sum of Rs.5,00,000/- in favour of Late Sri. G.Kashi Vishwanatha 20 O.S.No.5781/2023 account and on 27.05.2019, he again deposited Rs.5,00,000/- and Rs.8,00,000/- to the account of Late G.Kashi Vishwanatha and he has paid Rs.1,00,000/- in cash to G.Kashi Vishwanatha on the same day and he has paid Rs.19,00,000/- in the form of fixed deposit in the name of G.Kashi Vishwanatha as per ExP-67 in O.S.No.1168/2008 on the file of XXXI Addl. City Civil and Sessions Judge Bangalore CCH-31 and as surety for the said loan amount, Late G.Kashi Vishwanatha nominated in the fixed deposit account bearing No.0561500123901501 of Karnataka Bank Ltd and handed over the original fixed deposit to him.
24. He has further stated that, in O.S.No.1168/2008 on the file of XXXI Addl. City Civil and Sessions Judge Bangalore CCH-31, Late G.Kashi Vishwanatha lead his evidence and in the para No.11 and 12 of chief affidavit, he has stated that, his brother G.Manjunath and his wife Smt. B.Rajani had a sum of Rs.19,76,000/- during the period of August 2007 to March 2008 and was ready to give money to him to perform his part of contract.
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25. He has also stated that, on 17.01.2008, he has received notice from the defendant No.1 and then only he came to know that, defendant No.1 has already sold the suit property to the defendant No.2 and 3 on 09.01.2008 itself and later on, plaintiffs have utilized the money kept to complete transaction of suit property and he has invested the said amount on different properties and have purchased other properties and they had sufficient amount and required to complete the transaction during the month of August 2007 to March 2008 and was ready to support him to complete the sale transaction of suit property. He has produced election identity card of himself and his wife and he was ready and willing to perform his part of the contract with the help of plaintiffs who had sufficient amount and they were ready to help him to purchase suit property.
26. He has further stated that, in the chief examination affidavit of said suit that, he again approached plaintiffs to purchase the suit property and they accepted request and deposited Rs.19,00,000/- by way of fixed deposit in his name 22 O.S.No.5781/2023 in Karnataka Bank Limited on 04.06.2019 deposited in the account No.0561500123901501 for the period of one year. It is further stated in the chief examination affidavit that, Kashi Vishwanatha deposited fixed deposit of Rs.19,00,000/- in his account in the Bank of defendant No.2 under said fixed deposit account vide customer ID No.056025278 F.D.Bond No.MTL/TDR/E 0703337 from PW-1 in his account which will mature on 04.06.2020 with nomination registration No.231.19/20 made in his name.
27. In his further chief examination, he has stated that on 06.06.2019, Sri. B.Chandrashekhar advocate of Late G.Kashi Vishwanatha in O.S.No.1168/2008 along with Late G.Kashi Vishwanatha and defendant No.3 requested to plaintiffs to hand over the original fixed deposit receipt to produce the same in the said suit and same has been acknowledged by Sri.B.Chandrashekhar Advocate and defendant No.3, her husband and their advocate promised to return the original fixed deposit receipt, but till today, they have not handed over the same to the plaintiffs.
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28. He has further stated about proceedings in P&S.C.No.515/2022 and stated that, defendant No.3 to 5 had filed for succession certificate in their favour in respect of fixed deposit in Karnataka Bank Limited with an intention to cheat them and they have withdrawn the said original fixed deposit receipt which was marked as ExP-67 in the O.S.No.1168/2008 on the file of CCH-31 and trying to encash the said fixed deposit from the defendant No.1 and 2. He has further stated that, he has visited the defendant No.1 and 2 to encash the fixed deposit who have refused to encash the same and demanded for original fixed deposit receipt for which he has issued Legal Notice to the defendant No.2 on 28.11.2022 to deposit the interest to his account. The defendant No.2 has given reply stating that, nominees only collecting entire amount as per Bank norms and he has again visited to the defendant No.2 and defendant No.1 and 2 have failed to deposit the said amount to him and again requested for original fixed deposit and defendant No.1 and 2 are intentionally paying the interest to the defendant No.3 in the 24 O.S.No.5781/2023 joint account by violating section 45ZA of Banking Regulation Act.
29. He has also stated that, he requested to the defendant No.3 to 5 to hand over the original fixed receipt where there was no mercy by the defendant No.3 to 5 and he is aged old person and diabetes and senior citizen and they have no earnings and they need said amount for basic and medical expenses.
30. He has further stated that, Late G.Kashi Vishwanatha have taken the loan of Rs.10,00,000/- from plaintiffs for financial needs and executed the gift deed bearing No.24.09.2018 in favour of plaintiffs vide document No.VJN- 1-06838/2018-19 Book No.1 CD No.VJND 211 dated 24.09.2018 registered in the office of Sub- Registrar, Rajajinagara Bangalore. But defendant No.3 to 5 have picked up quarrel with plaintiffs and G.Kashi Vishwanatha and purchasers of gifted property and purchaser K.V.Eshwar S/o Late K.N.Venkataramanasara and Smt. Chandrakanatha W/o 25 O.S.No.5781/2023 K.V.Eshwara have requested him to jointly sell the property for their safety and Late G.Kashi Vishwanatha along with him have jointly sold the said property in favour of K.V.Eshwar and Smt. Chandrakantha vide document No.SRI-1- 00865/2019-20 in Book No.1, CD No. SRID 310 dated 16.05.2019 in the office of Sub-Registrar, Sriramapuram Bangalore for total consideration of Rs.49,20,000/- out of which plaintiff has deposited Rs.34,00,000/- with love and affection in the Somavamsha Sahasrarjuna Kshathriya Co- operative Society Limited on 30.05.2019 as fixed deposit account bearing No.FD01190000014652 in favour of Late Sri. G.Kashi Vishwanatha .
31. He has produced pay in slips of Karnataka Bank Limited dated 27.05.2019, 20.05.2019 and 27.05.2019, certified copy of evidence affidavit of G.Kashi Vishwanatha in O.S.No.1168/2008, certified copy of fixed deposit receipt in the name of Kashi Vishwanatha, office copy of Legal Notice dated 28.12.2022, receipt dated 27.05.2019 for Rs.34,00,000/- which are marked as ExP-1 to 7. 26
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32. DW-1 who is Assistant Branch Manager of Karnataka Bank Limited has stated that, an amount of Rs.19,00,000/- was kept in F.D.Account No.0561500123901501 customer ID No.056025278 and F.D.No.MTL/TDR/E0703337 is standing in the name of Kashi Vishwanatha and nominee mentioned in the receipt by name G.Manjunath and as per instructions of depositor, interest on the fixed deposit receipt is credited to the SB Account bearing No.0562500101596701. He has pleaded ignorance about allegations made in the plaint about handing over of original fixed deposit receipt in favour of defendant No.2 for safe custody and pleadings regarding O.S.No.1168/2008 and handing over of original fixed receipt to Sri. G.Chandrashekhar advocate on request. It is admitted by him in the chief examination affidavit that, plaintiff No.1 approached the Bank for encashment of fixed deposit amount, but he failed to produce original fixed deposit receipt and he was not able to give reasons for non production of fixed deposit receipt and Bank asked the plaintiff No.1 to produce original fixed deposit receipt for payment and without any document, Bank has refused to make payment 27 O.S.No.5781/2023 even though he is nominee. It is further stated that, it is learnt that, there is a litigation between the legal heirs of Late G.Kashi Vishwanatha and plaintiffs for which without clear order of the Court for payment, Bank is not in a position to pay the amount to both parties and only nominees are only entitle to collect the entire amount as per Bank norms by producing original fixed deposit receipt for due discharge of amount.
33. He has produced office copy of legal notice, reply notice, postal receipt, letter written by Sathyabama H.N, letter written by G.Manjunath and postal cover which are marked as ExD-3 to 8.
34. In the cross examination of DW-1, an amount of Rs.19,00,000/- has been deposited by Kashi Vishwanath. He has admitted that, Kashivishwanath has made his brother as nominee in the FD on 04.06.2019 and except nominee, no other persons can claim deposited FD amount. 28
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35. DW-2 who is defendant No.5 has reproduced the contents of written statement in the chief examination affidavit. He has produced SPA, certified copy of petition and objections to main petition in P& SC No.515/2022 which are marked as ExD-9 to 11.
36. The Learned Counsel for plaintiff has submitted in his argument that, DW-2 admitted in his cross examination that, home loan finance is part of banking transactions and he further admitted that, all properties are self acquired properties of his father and in the said properties, partition has not been effected between plaintiff and father of DW-2 during his lifetime. It is further submitted in the arguments that, DW-2 admitted that, on the basis of gift deed, plaintiff has effected khata in his name and DW-2 has not challenged gift deed or khata in the name of plaintiff. He has further drawn attention of this Court on the cross examination of DW-2 who has stated that, his father was residing with defendant No.3 to 5 but he was doing transaction with plaintiff and his father and plaintiff have sold Magadi Road 29 O.S.No.5781/2023 property to Eshwara and his children for Rs.49,00,000/- for entire sale amount credited to the account of his father. He has also drawn attention of this Court on further cross examination at para 14 wherein DW-2 admitted that, out of sale proceeds, Rs.19,00,000/- has been deposited in the Court and remaining Rs.34,00,000/- is with plaintiff and his father got said amount from the plaintiff and deposited the said amount in SSK Co-operative Society and made DW-2 an d his brother Sreenath as Nominees to the said amount. He has also admitted that, DW-2 further admitted in the cross examination that, his father had not executed any Will Deed during his life time bequeathing said amount in favour of his children. It is further submitted that, DW- 2 doesn't know date of fixed deposit made by his father but plaintiff is the nominee of said fixed deposit. It is further submitted by Learned Counsel that, DW-2 admitted that, they have purchased house property out of said amount in their joint names.
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37. The Learned Counsel for defendant No.3 to 5 submitted in the written argument that, the plaintiff No.1 is brother of Late G.Kashi Vishwanatha to his deceased husband of defendant No.3 and father of defendant No.4 and 5 and deceased had fixed deposit maintained in the Bank of defendant No.2. It is further submitted in the written arguments that, from the pleadings of plaintiff's and defense of defendant No.3 to 5 it is clear that, plaintiff No.1 has deposited total sum of Rs.19,00,000/- with the defendant No.2 as per ExP-67 in the suit bearing O.S.No.1168/2008 on the file of 31st Addl. City Civil and Sessions Judge, Bengaluru filed for specific performance of contract by deceased Kashi Vishwanatha and present plaintiffs were impleaded as defendant No.14 and 15 and after the death of Late Sri.Kashi Vishwanath, defendant No.3 to 5 were brought on record as plaintiff No.1(a) to (c) and FD receipt was produced and marked as ExP-67 as a proof of capacity to pay remaining sale consideration in respect of sale agreement. It is clear from the written arguments and ExD.12 and 13 that, the said 31 O.S.No.5781/2023 suit came to be dismissed vide judgment and decree dtd:28.10.2025.
38. It is further submitted in the written argument that, after the death of Kashi Vishwanatha the defendant No.3 to 5 obtained an order in O.S.No.1168/2008 and obtained FD receipt and filed petition bearing P & SC No.515/2022 before 11th Addl. City Civil and Sessions Judge, Bengaluru (CCH-8) in which present plaintiff No.1 is contesting the petition who is nominee of said FD receipt and he claimed that, he deposited entire cash amount of Rs.19,00,000/- in the Bank account of G.Kashi Vishwanatha by selling Jewels of plaintiff No.2. It is also submitted in the written argument that, the plaintiffs have pleaded that, FD receipt was in the custody of plaintiff No.1 and deceased Kashi Vishwanath and his counsel received the same from him on the promise to return the same and FD receipt was produced in O.S.No. 1168/2008 to substantial their claim of capacity to pay the sale consideration and further contended that, Late Kashi Vishwanath himself narrated the said fact in his evidence 32 O.S.No.5781/2023 affidavit filed in O.S.No.1168/2008. He has referred the pleadings of defendant No.3 to 5 who have contended that, the said amount of Rs.19,00,000/- was sale consideration received by deceased Kashi Vishwanatha from joint share of the property as per ExD-2 along with plaintiff No.1 and deceased invested his portion of sale consideration is F.D. maintained with defendant NO.2 Bank. The plaintiff had close relationship with his brother and misused the same and got registered his name of nominee. The defendant No.3 to 5 being class I heir as Hindu Succession Act are entitle for the same and suit is bad in law. It is also contended that, plaintiffs have utterly failed to prove source of Rs.19,00,000/- and in the plaint, plaintiffs have failed to plead the source of Rs.19,00,000/- and at the end of para No.23 of cross examination recorded on 02.05.2025, it was put suggestion to PW-1 that, how the plaintiff No.2 is related to this case for which he has answered that, jewels of plaintiff No.2 were sold and given amount to his brother, but nothing has been placed on record to show that, jewels are being sold and consideration proceeds were realized there from to pay to his 33 O.S.No.5781/2023 brother. It is further argued that, in the suit bearing O.S.No.1168/2008, present plaintiffs have pleaded a different case in respect of creation of fixed deposit for a sum of Rs.19,00,000/-. Learned counsel for defendant No.3 to 5 have drawn attention of this Court at page No.51 to 55 of the judgment in O.S.No.1168/2008 which is marked as ExD-12 that, the present plaintiffs (defendant No. 14 and 15 of the said suit) have failed to prove that entire sale consideration amount of Rs.19,00,000/- was paid by them in respect of sale agreement and accordingly, they have failed to prove the said issue.
39. He has also submitted in the written arguments on the issue No.2 that, ExD-2 certified copy of sale deed produced and marked by the defendants by which it is crystal clear as to the sale of the property jointly by plaintiff No.1 and deceased Kashi Vishwanatha in favour of Sri. K.V.Eshwar and Smt. Chandrakantha and distribution of sale consideration between joint owners and defendant No.3 to 5 have proved successfully said issue.
34
O.S.No.5781/2023
40. On the issue No.3 raised by this Court, Learned Counsel for Defendant No.3 to 5 have contended that, it is undisputed fact that, defendant No.3 to 5 are legal heirs of deceased G.Kashi Vishwanatha and plaintiff No.1 is his brother. On careful perusal of pleadings of both parties, it is undisputed fact that, plaintiff No.1 is brother of deceased Kashi Vishwanatha and defendant No.3 is wife and defendant No.4 and 5 are children of deceased Kashi Vishwanatha.
41. Learned Counsel for Defendant No.3 to 5 has relied upon judgment of Hon'ble High Court of Karnataka in M.F.A.No.101529/2021 in which it is held that, proposition of law is very well settled that nominee being trustee will be entitled to receive the amount in deposit and give full discharge to the Bank concerned and he cannot have preferential right to claim amount exclusively exclusion of legal heirs of deceased as their right to succeed to the estate of deceased in accordance with rule of succession with which they are governed. Hon'ble High Court has set aside judgment and decree passed by Trial Court by holding that, respondent 35 O.S.No.5781/2023 No.1 being nominee is entitled to receive the same and petitioners being legal heirs of late Yamunappa Chalawadi are not having any right over the same.
42. He has also relied upon another decision of Hon'ble Supreme Court reported Ram Chander Talwar and another V/s Devender Kumar Talwar and other (2010) 10 SCC 671 wherein it is held that, all the monies receivable by the nominee by virtue of section 45-ZA (2) would therefore form part of estate of deceased depositor and devolve according to the rule of succession to which depositor may be governed.
43. He has also relied upon the decision of Hon'ble Supreme Court reported in Vishin N.Khanchandini and another V/s Vidya Lachmandas Khanchandini and another (2000) 6 SCC 724 in which it is held that, the estate of the deceased devolves upon all the persons who are entitled to succession under law, customs or testament of the deceased holder. The amount received by the appellants on account of the National Savings Certificates in which they are nominees shall be 36 O.S.No.5781/2023 payable to the respondents after deduction of the amounts of debts or other demands lawfully paid or discharged if any.
44. It is pertinent to note that in respect of fixed deposit receipt, the plaintiff No.1 has not made any application under section 372 of Indian Succession Act as required. He has also relied upon decision reported in; Smt.Ningamma and Others .Vs. Sakamma and Others AIR 2001 KAR 339 and contended that, the grievance of the plaintiff can only be redressed by the probate Court under Sec.372 of Indian Succession Act. Hence, it is prayed to dismiss the suit.
45. On appreciating the cross examination of PW-1, he has admitted that, he is party in the suit bearing O.S.No.1168/2008 and P & SC No.515/2022 in which he is contesting and the averments made in the present suit are stated in the said suit and probate petition by filing written statement and objections as a defendant respectively. He has admitted that, he has not produced documents to show that his wife sold Jewels and out of said sale amount, amount 37 O.S.No.5781/2023 was given to deceased brother and he has not stated this fact in his plaint. It is further admitted that, there are no documents between him and his brother regarding loan transaction but he has given explanation that, he and his brother were having cordial relationship, there was no necessity to enter into any document / agreement in respect of amount paid to his brother. In the further cross examination one digitally signed registered gift deed dtd:24.09.2018 was confronted to him which was executed by deceased Kashi Vishwanatha in his favour and said document is marked as ExD-1. In further cross examination one digitally signed registered sale deed dtd:16.05.2019 was confronted to him and he admitted that, he and his deceased brother Kashi Vishwanatha executed sale deed in favour of 3 rd parties and said document is marked as ExD-2. According to him out of total sale proceeds, sum of Rs.19,00,000/- was received by him under ExD-2 and his deceased brother received Rs.34,00,000/- under ExD-2 and sale consideration amount in the said sale deed is Rs.49,00,000/-. ExP-7 is counter foil about amount belonged to his deceased brother 38 O.S.No.5781/2023 deposited in his name and the said amount transferred from the account of plaintiff No.1 to the account of his brother. He denied that, ExP-7 is created by him and he has not deposited Rs.19,00,000/- to his brother's account. In the further cross examination dtd:20.06.2025 he has stated that, his brother Kashi Vishwanath made him as nominee at the time of deposit of amount in Karnataka Bank and his brother deposited Rs.19,00,000/- in FD in Karnataka Banka and after 3 - 4 months of death of his brother, he went to Karnataka Bank and informed about death of his brother to the Bank authorities orally. In further cross examination he has admitted that, the FD of his deceased brother was having auto renewal facility. It is clear from his cross examination that, the Bank authorities have not paid FD amount stating that, he should bring legal heirs and FD bond for which he told that, he has produced said bond in the Court in another case and there is no good relationship between him and the family of his deceased brother.
46. On appreciating the cross examination of DW- 2 he has stated that, his father entered into sale agreement in respect 39 O.S.No.5781/2023 of Chickpete property in the year 2007 and decided to purchase said property for Rs.24,00,000/- and he paid advance amount of Rs.5,00,000/- to the vendors but his evidence shows that, he was minor at the time of sale transaction in respect of Chickpete property in the year 2007, he did not participate in the sale transaction.
47. So far as partition regarding properties is concerned he has stated that, since all properties are self acquired properties of his father for which partition has not been effected between plaintiff and his deceased brother during his life time. It is his specific contention that, his father has not executed any gift deed in favour of plaintiff and plaintiff has put the signature of deceased brother and gift deed stating that, Court case is pending. He admitted that, on the basis of gift deed plaintiff has got effected Khata in his name and said gift deed or Khata are in the name of the plaintiff are not challenged by him. In further cross examination he has stated that, Sathyabhama is the 1 st wife of his father and Chandrabai is his second wife who is having one daughter by 40 O.S.No.5781/2023 Seema and Chandrabai is no more and Seema is aged about 39 years. He has stated that, his father was residing with defendant No.3 to 5 but he was showing transaction with plaintiff. It is clear from his admission in the cross examination that, his deceased father and plaintiff sold Magadi Road property bearing No.14 in the year 2019 to Eshwara and his children and he has not challenged the sale deed executed by his father and plaintiff for the reason that, he was not having knowledge about the said sale deed. According to his version in the cross examination, Magadi Road property was sold by plaintiff and his father of DW-2 for Rs.49,00,000/- and entire sale amount credited to the account of deceased Kashi Vishwanath and plaintiff himself got nominated to the account of Kashi Vishwanatha as nominee to the Karnataka Bank, Union Bank and SSK co- operative Society. In further cross examination regarding sale consideration amount, he has stated that, out of sale proceeds Rs.19,00,000/- has been deposited in the Court and remaining Rs.35,00,000/- was with the plaintiff and his father got the said amount from the plaintiff and deposited 41 O.S.No.5781/2023 the said amount in SSK co-operative Bank Society and made his 2 sons as nominee to the said amount.
48. In further cross examination he admitted that, his father filed chief affidavit and got examined himself as PW-1 in O.S.No.1168/2008. He has denied the suggestion that, in chief affidavit filed by his father in O.S.No. 1168/2008, he has stated that, the amount of Rs.19,00,000/- belonged to the plaintiff and his wife Rajani and he received the said amount from them. He has admitted that, his father had not executed any Will Deed during his life time in favour of his children bequeathing said amount. He has also stated that, they have purchased house property out of said amount in the joint names of himself and his brother. He has produced ExD-12 and 13 which are certified copy of Judgment and Decree in O.S.No.1168/2008 and he admitted that, said Judgment and Decree passed against him.
49. On appreciating documents produced by the plaintiffs as per ExP-1 Late G.Kashi Vishwanath deposited amount of 42 O.S.No.5781/2023 Rs.8,00,000/- on 27.05.2019 through IDBI Bank Cheque No.338526 to S.B.A/c.No.0562500101596701 at Karnataka Bank Ltd., As per ExP-2 he deposited Rs.5,00,000/- on 20.05.2019 in S.B.A/c.No.0562500101596701 at Karnataka Bank Ltd., He also deposited Rs.5,00,000/- on 27.05.2019 to S.B.A/c.No.0562500101596701 at Karnataka Bank Ltd., as per ExP-3. He has produced certified copy of deposition of G.Kashi Vishwanath in which he has deposed as under; I 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) money 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 17.01.2008 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 09.01.2008 self. Later on my brother and his wife have utilized the money kept 43 O.S.No.5781/2023 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.
I 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 44 O.S.No.5781/2023 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. I further state that for readiness and to purchase of the suit schedule property I am solvent. The original copy of the fixed deposit bond is produced.
50. He has produced ExP-5 which is certified copy of F.D. receipt at Karnataka Bank Ltd., with customer ID No.056025278 FD No.0561500123901501 dtd:04.06.2019 maturity date is 04.06.2020 with the nomination registration No.231-19-20 and it is shown that, it is repayable to self and there is no name of nominee in the said F.D. plaintiffs have also produced O/c. of the Legal Notice and reply given by the Karnataka Bank Ltd., He has produced ExP-7 dated:27.05.2019 an amount of Rs.34,00,000/- credited to the account of G.Kashi Vishwanath in SSK Co-operative Society Ltd., 45 O.S.No.5781/2023
51. DW-1 has produced ExD-1 which is certified copy of gift deed dated:24.09.2018 executed by G.Kashi Vishwanath in favour of plaintiff No.1 in respect of property bearing PID No.32-16-14/1 Municipal No.14/1 12 th Cross Road, K.P.Agrahara Ward No.122, Old No.16 measuring East-West:
30 , North-South: 35 Ft with total measurement of 1050 Sq.
Ft. in the cross examination of PW-1, certified copy of the sale deed dated:16.05.2019 was confronted and as per the said document plaintiff No.1 and his brother G.Kashi Vishwanath executed registered sale deed in favour of Sri.K.V.Eshwara, Smt.Chandrakantha, Sri.E.Anand and Sri.E.Vinayaka bearing PID No.32-16-14/1 Municipal No.14/1 12 th Cross Road, K.P.Agrahara Ward No.122, Old No.16 measuring East-West:
30 , North-South: 35 Ft with total measurement of 1050 Sq.
Ft for the consideration of Rs.49,20,000/- and out of the said amount Sri.K.V.Eshwara paid Rs.62,50,000/- each to plaintiff No.1 and Kashi Vishwanath through cheques bearing No.048003 and 048004 drawn on Karnataka Bank Rajajinagara Branch. Smt.Chandrakantha paid Rs.62,500/- each to G.Kashi Vishwanath and plaintiff No.1 through 46 O.S.No.5781/2023 cheques bearing No.000004 and 000005 drawn on City Union Bank, Rajajinagar Branch. Sri.E.Anand paid Rs.62,500/- each through cheques bearing No.133877 and 266159 drawn on Karnataka Bank, Rajajinagar Branch to G.Kashi Vishwanath and plaintiff No.1. Another purchaser by name Sri.E.Vinayaka paid Rs.62,500/- each to plaintiff No.1 and his brother through cheques bearing No.266159 and 133878 drawn on Karnataka Bank, Rajajinagar Branch. They have paid amount of Rs.5,00,000/- to plaintiff No.1 and his brother equally through different cheques.
52. Sri.K.V.Eshwar paid Rs.52,500/- each to plaintiff No.1 and his brother through cheques bearing No. 048008 and 048009 drawn on Karnataka Bank Limited Rajajinagar branch Bangalore. Smt. Chandrakanatha has paid Rs.52,500/- each to the plaintiff No.1 and his brother G.Kashi Vishwanath through City Union Bank cheques bearing No.000006 and 000007. Sri. E.Anand has paid Rs.52,500/- each to the plaintiff No.1 and his brother through cheques bearing No.195504 and 195505 drawn on 47 O.S.No.5781/2023 Karnataka Bank Limited Rajajinagar branch. Sri.E.Vinayaka has paid Rs.52,500/- each to the plaintiff No.1 and his brother through cheques bearing No.133879 and 133880 drawn on Karnataka Bank Limited Rajajinagar branch. The purchasers have paid balance amount of Rs.40,00,000/- each to the plaintiff No.1 and his brother through cheque bearing No.696846 dated 16.05.2019 by Sri. Charan Bank Sultanpet branch Bangalore and accordingly, entire sale consideration amount of Rs.49,20,000/- has been paid to the plaintiff No.1 and his brother. The defendants have produced office copy of legal notice as per ExD-3. They have produced reply given by Karnataka Bank Limited to the plaintiff No.1 stating that, fixed deposit bearing No.0561500123901501 is in the name of G.Kashi Vishwanath and monthly interest cannot be credited to the nominee's account since nominee is only for collecting entire amount as per Banking norms. In view of his request, Bank has stopped crediting the interest to the existing Savings Bank Account of the customer with effect from 01.12.2022. It is also mentioned that, amount will be settled after following the procedure of the claim of deposit 48 O.S.No.5781/2023 and advised to submit necessary documents required as per Bank Norms. The defendants have also produced office copy of letter given to Karnataka Bank Limited stating that, amount of Rs.19,00,000/- has been deposited by husband of defendant No.3 and requested to the Bank not to give said amount to the plaintiff No.1 G.Manjunath.
53. They have also produced copy of letter given by plaintiff No.1 to the Karnataka Bank Limited stating that, he is nominee to the deposit of Rs.19,00,000/- made by his brother and G.Kashi Vishwanath died on 15.05.2001 and original fixed deposit receipt has been taken by wife and children of his brother and he requested to the Bank to issue copy of fixed deposit and to release the deposited amount in his favour. They have also produced one postal cover which is marked as ExD-8. They have produced power of attorney executed by the defendant No.3 and 4 in favour of defendant No.5. They have also produced certified copy of petition and objections to the main petition filed by present plaintiff No.1 49 O.S.No.5781/2023 in P&S.C.No.515/2022 filed by defendant No.3 to 5 before Court as per ExD-10 and 11.
54. They have also produced certified copy of judgment and decree passed in O.S.No.1168/2008 which was filed by Sri. G.Kashi Vishwanath against Sri. M.R.Jayaram, Smt. K.H.Indradevi, Sri. K.Shivakumar, Gangaram Patel, Sri. Sujidevi, Sri. Keraram Patel, Sri. Hukumram Patel, Sri. Dhalaram Patel, Sri. Dargaram and others seeking the relief of specific performance of contract in respect of property bearing No.13 Old No.58, situated at Poornasheshachar Lane, Bangalore in Ward No.28 of Chickpet and PID No.28-214-13 measuring East-West: 18 feet and North-South: 36 feet with total measurement of 648 square feet consisting of ground floor, having 650 square feet, first floor having 600 square feet and second floor having 600 square feet and third floor having 600 square feet with total built up area of 2450 square feet and said suit came to be dismissed.
55. On over all appreciation of oral and documentary evidence on record, though ExP-1 to ExP-3 are pay-in slips 50 O.S.No.5781/2023 showing deposit of amounts into the Savings Bank Account of deceased G.Kashi Vishwanatha, the said documents by themselves do not establish that the fixed deposit amount exclusively belonged to the plaintiffs or that deceased G.Kashi Vishwanatha was only a name lender.
56. ExP-4 is the certified copy of chief examination affidavit filed by deceased G.Kashi Vishwanatha in O.S.No.1168/2008. In the said affidavit, deceased G.Kashi Vishwanatha stated that plaintiff No.1 and his wife were financially capable of assisting him in the transaction and that a fixed deposit was made in his name. However, such statement alone cannot conclusively establish ownership of the fixed deposit amount in favour of plaintiffs, particularly when the fixed deposit stood exclusively in the name of deceased G.Kashi Vishwanatha.
57. On the contrary, ExD-2 certified copy of registered sale deed dated 16.05.2019 clearly discloses that plaintiff No.1 and deceased G.Kashi Vishwanatha jointly sold the 51 O.S.No.5781/2023 immovable property and both received sale consideration under the said document. PW-1 himself admitted execution of ExD-2 and admitted receipt of sale consideration. The evidence on record probabilizes the specific defence of defendant No.3 to 5 that deceased G.Kashi Vishwanatha invested his share of sale proceeds in the fixed deposit.
58. Further, PW-1 himself admitted in cross-examination that deceased G.Kashi Vishwanatha deposited Rs.19,00,000/- in Karnataka Bank and made plaintiff No.1 as nominee at the time of deposit. Therefore, even according to PW-1, the depositor of the fixed deposit was deceased G.Kashi Vishwanatha.
59. The evidence of DW-1, Assistant Branch Manager of Karnataka Bank, clearly establishes that the fixed deposit stood in the sole name of deceased G.Kashi Vishwanatha and that plaintiff No.1 was only nominee. DW-1 also deposed that the Bank insisted upon production of original fixed deposit 52 O.S.No.5781/2023 receipt and appropriate Court order in view of dispute between nominee and legal heirs.
60. It is well settled principle of law that a nominee under Section 45ZA of the Banking Regulation Act does not become absolute owner of the deposit amount. A nominee is only entitled to receive the amount from the Bank and such amount forms part of the estate of the deceased and devolves upon the legal heirs in accordance with law of succession.
61. The Hon'ble Supreme Court in Ram Chander Talwar and another Vs. Devender Kumar Talwar and others reported in (2010) 10 SCC 671 has held that monies receivable by nominee under Section 45ZA form part of estate of deceased depositor and devolve according to rules of succession.
62. Similarly, in Vishin N. Khanchandani and another Vs. Vidya Lachmandas Khanchandani and another reported in (2000) 6 SCC 724, the Hon'ble Supreme Court has held that nominee only receives the amount on behalf of legal heirs and 53 O.S.No.5781/2023 succession to estate of deceased is governed by law applicable to deceased.
63. In the present case, it is undisputed that defendant No.3 is wife and defendant No.4 and 5 are children of deceased G.Kashi Vishwanatha. Therefore, defendant No.3 to 5 are admittedly Class-I legal heirs of deceased G.Kashi Vishwanatha under the Hindu Succession Act.
64. Though plaintiff No.1 is nominee to the fixed deposit, he cannot claim exclusive ownership over the amount to the exclusion of Class-I legal heirs of deceased depositor. The proper remedy regarding entitlement to estate of deceased is already the subject matter of P & SC No.515/2022 pending before competent Court.
65. The plaintiffs have utterly failed to establish by cogent evidence that the amount of Rs.19,00,000/- exclusively belonged to them or that they alone are entitled to receive the same. On the other hand, defendant No.3 to 5 successfully 54 O.S.No.5781/2023 established that deceased G.Kashi Vishwanatha invested the amount in his own name and after his death the amount forms part of his estate.
66. Therefore, this Court holds that plaintiffs are not entitled for declaration or release of petition schedule amount exclusively in their favour. Accordingly, Issue No.1 is answered in the Negative, Issue No.2 and 3 are answered in the Affirmative.
67. Issue No.4: In view of my discussion above, I hold that, plaintiffs are not entitled for the reliefs prayed in the suit. So I answer Issue No.4 in the Negative.
68. Issue No.5: For the reasons discussed above, I proceed to pass the following:
55
O.S.No.5781/2023 ORDER The suit of the plaintiffs is hereby dismissed as devoid of merits.
Parties shall bear their own costs. Draw decree accordingly.
(Dictated by using AI Adalat software, corrected and then pronounced by me in open court, on this the 1st day of June, 2026) (GANAPATI GURUSIDDA BADAMI) VI Addl.City Civil & Sessions Judge Bengaluru City.
AN NEXURE
1. List of Witnesses examined on behalf of Plaintiff/s P.W.1 : Sri.G.Manjunath
2. List of documents exhibited on behalf of Plaintiff/s Ex.P.1 : Karnataka Bank pay in slip dated 27-05-2019 for Rs.8,00,000/-
Ex.P.2 : Karnataka Bank pay in slip dated 20-05-2019 for Rs.5,00,000/-
Ex.P.3 : Karnataka Bank pay in slip dated 27-05-2019 for Rs.5,00,000/-
Ex.P.4 : Certified copy of the evidence affidavit of G Kashivishwanatha in OS No.1168/2008 Ex.P.5 : Certified copy of Karnataka Bank the fixed deposit receipt in the name Kashivishwanatha for Rs.19,00,000/-
Ex.P.6 : Legal notice dated 28-12-2022
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O.S.No.5781/2023
Ex.P.7 : Receipt dated 27-05-2019 having deposited in the
name Kashivishwanatha for Rs.34 Lakhs in S.S.K Cooperative Society Limited
3. List of Witnesses examined on behalf of Defendant/s D.W.1 : Sri.Santhosh G. A. D.W.2 : Sri.Mohana K
4. List of documents exhibited on behalf of Defendant/s Ex.D.1 : The digital registered gift deed dated:24.09.2018 Ex.D.2 : The digital registered sale deed dated:16.05.2019 Ex.D.3 : Office of legal notice Ex.D.4 : Reply to the legal notice Ex.D.5 : Postal receipt Ex.D.6 : Letter written by Sathyabama H N Ex.D.7 : Letter written by G Manjunath Ex.D.8 : Postal cover Ex.D.9 : SPA Ex.D.10 : Certified copy of petition and objections to main and petition in P& SC 515/2022 Ex.D.11 Ex.D.12 : Certified copy of judgment and decree in OS and No.1168/2008 Ex.D.13 VI Addl. City Civil & Sessions Judge Bengaluru City.