Mr. Nemiraj Shetty v. Mr. Shravan Krishnaraj
Case brief
What is this about?
Karnataka High Court (Bengaluru), H.T. Narendra Prasad J, WP No. 10495 of 2026 (GM-CPC), decided 09.04.2026. Article 227 petition by plaintiff in O.S. No.1134/2024 (suit for permanent injunction, no counter-claim) against order dated 25.02.2026 of II Additional Civil Judge and JMFC, Mangaluru allowing defendant's Section 151 CPC application directing plaintiff to deposit arrears of rent of Rs.12,50,000/-. Held such an application is not maintainable in a permanent injunction suit without counter-claim; impugned order set aside; future counter-claim applications to be decided per law uninfluenced by the order's observations. Search terms: Section 151 CPC, inherent powers, arrears of rent, deposit, permanent injunction, counter-claim, maintainability, Article 227, writ petition, GM-CPC.
What did the court decide?
Writ petition allowed; the impugned order dated 25.02.2026 passed on I.A. No.3 in O.S. No.1134/2024 on the file of the II Additional Civil Judge and JMFC, Mangaluru, set aside; liberty effectively preserved for the trial court to decide any future counter-claim application in accordance with law.