Disposed

Smt. Alamelu v. Sri. Rangadhamaiah

Karnataka HC28 Aug 2024WP/18432/2024

Case brief

AI extract

What is this about?

Writ petition challenging a trial court interlocutory order directing deposit of Rs.4,80,000 rent under Section 151 read with Section 94(e) CPC. The court found no prima facie case but granted time, directing 50% deposit within four weeks and the balance within four more weeks.

What did the court decide?

Time granted: 50% of deposit within four weeks, balance 50% within four weeks thereafter.

Smt. Alamelu Vs Sri. Rangadhamaiah — Landlord and Tenant | Karnataka HC (2024)

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1 - NC: 2024:KHC:34533 WP No. 18432 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 18432 OF 2024 (GM-CPC)

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BETWEEN:

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SMT. ALAMELU, AGED ABOUT 60 YEARS, W/O H. V. SRIDHAR, R/AT SREE DHAMA, 3^RD LINK ROAD, 9^TH CROSS, 4^TH MAIN, JAYANAGARA WEST, TUMAKURU - 572 102.

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…PETITIONER

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(BY SRI. BABU PATTAR., ADVOCATE)

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AND:

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SRI. RANGADHAMAIAH, Digitally signed S/O LATE THIMMARYAPPA, by JUANITA AGED ABOUT 70 YEARS, THEJESWINI R/AT SREE DHAMA, Location: HIGH COURT OF 3^RD LINK ROAD, KARNATAKA 9^TH CROSS, 4^TH MAIN, JAYANAGARA WEST, TUMAKURU - 572 102.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.04.2023 IN

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2 - NC: 2024:KHC:34533 WP No. 18432 of 2024

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O.S.NO. 612/2021 PASSED BY THE IV ADDL. CIVIL JUDGE AND JMFC (JUNIOR DIVISION) AT TUMUKURU ON IA NO. VI FILED UNDER SECTION 151 OF CPC R/W SECTION 94(e) OF CPC FOR ISSUED OF DIRECTION TO THE PETITIONER TO DEPOSIT RENT AMOUNT OF RS.4,80,000/- (FOUR LAKH EIGHTY THOUSAND ONLY) BEFORE THE COURT, WITH INTEREST, VIDE ANNEXURE - H AND ETC.

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

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CORAM: HON'BLE MR JUSTICE R DEVDAS

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ORAL ORDER

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Issue notice to the respondent.

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Learned counsel for the petitioner is also permitted to serve a copy of the writ petition along with annexures on the learned counsels representing the respondent before the Trial Court.

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The learned counsel for petitioner submits that the impugned order has been passed by the Trial Court while allowing the interlocutory application filed by the respondent/plaintiff under Section 151 read with Section 94(e) of the Code of Civil Procedure, while directing the

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3 - NC: 2024:KHC:34533 WP No. 18432 of 2024

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petitioner/defendant to deposit rent amount of Rs.4,80,000/before the Court. However, no timeframe is fixed by Court and moreover, an application filed by the petitioner/defendant in IA No.4 under Section 10 of the CPC is also pending consideration at the hands of the Trial Court.

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It is the contention of the petitioner that the respondent/plaintiff could not have filed the suit having regard to the admitted fact that the petitioner/defendant herein had earlier filed suit in O.S.No.108/2021 seeking permanent prohibitory injunction to restrain the defendant from evicting the plaintiff from the suit schedule property without due process of law. Learned counsel submits that the said suit was decreed by the Court on 10.07.2023 while directing the respondent herein and restraining the respondent herein from dispossessing/evicting the petitioner herein from the suit schedule property, unless due process of law is followed by the respondent.

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Nevertheless, when this Court expressed that it is not convinced or that no prima facie case has been made out by the petitioner, the learned counsel for petitioner submits that

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NC: 2024:KHC:34533 WP No. 18432 of 2024

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reasonable time may be given to the petitioner to deposit the amount as directed by the Trial Court.

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Accordingly, the petitioner is directed to deposit 50% of the amount as directed by the Trial Court within a period of four weeks from today. The remaining 50% shall be deposited within four weeks thereafter.

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The writ petition is accordingly disposed of.

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Sd/(R DEVDAS) JUDGE

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RMS

Smt. Alamelu v. Sri. Rangadhamaiah

Case brief

What is this about?

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Smt. Alamelu v. Sri. Rangadhamaiah

Case brief

What is this about?

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