The High Court of Karnataka dismissed a writ petition challenging an order mandating the deposit of rent. The court held there was no perversity or illegality in the trial court's decision given the commercial nature of the premises and admitted rent, declining to interfere under Article 227.
Writ petition dismissed as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
W.P. NO.6691 OF 2022 (GM-CPC)
BETWEEN
MR ALI ASKER VEMBALA S/O MOHAMMED HAJI V AGED ABOUT 48 YEARS OCCUPATION: BUSINESS R/AT NO 8, 7TH MAIN ROAD BANASAWADI MAIN ROAD OPP: UTTAM SAGAR HOTEL SUBBAYYANAPALYA BENGALURU - 560084
...PETITIONER
(BY SRI MOHAMED UMMAR FAROOQ, ADVOCATE)
AND
A G MOHUNVELU S/O LT A GOVINDASWAMY AGED ABOUT 48 YEARS R/AT NO.25, NALA RAOD S C GARDEN, KAMRAJ ROAD CROSS BENGALURU - 560042
….RESPONDENT (BY SRI S G BHAGAVAN, ADVOCATE FOR C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE IMPUGNED ORDER DATED 24.09.2021 PASSED IN I.A.NO.4 IN
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O.S.NO.5303 OF 2020 BY THE HONBLE XXX ADDITIONAL CITY CIVIL JUDGE AT BENGALURU VIDE ANNEXURE - A. AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed by the defendant in Original Suit No.5303 of 2020 on the file of XXX Additional City Civil Judge, Bengaluru, challenging the order dated 24.09.2021 passed on IA No.4 filed under Section 151 of Code of Civil Procedure, allowing the application.
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No.4 filed by the plaintiff. Feeling aggrieved by the same, the defendant has presented this Writ Petition.
4
dated 15.04.2017 and therefore, the plaintiff is entitled for at least admitted rents and therefore, he sought to justify the impugned order passed by the trial Court.
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under Article 227 of Constitution of India, accordingly, the writ petition is dismissed as devoid of merits.
Sd/JUDGE
SB
1 issue framed by the court
Whether the High Court should interfere with the trial court order mandating deposit of rent under Article 227 of the Constitution of India.
2 provisions across 2 enactments
MR ALI ASKER VEMBALA
A G MOHUNVELU
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
