Sri.S.N. Ravichandra Vs Sri.R. Harish Babu — Writ and Judicial Review | Karnataka HC (2026)

Sri.S.N. Ravichandra Vs Sri.R. Harish Babu — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed in part by modifying the Trial Court order dated 28.02.2024; defendant No.4 directed to deposit rent commencing from the month of April 2026 along with all maintenance charges before the Trial Court, on or before the 10th day of every succeeding month; no order as to costs. No direction issued for deposit of the disputed arrears.

Issue for consideration

Whether the Trial Court rightly rejected the petitioner's application under Order 39 Rule 10 read with Section 151 CPC seeking a direction to defendant No.4 to remit arrears of rent and maintenance charges during the pendency of OS No. 1292/21. +1 more

Court's answer

The prayer seeking a direction to deposit the arrears of rent cannot be granted, as the quantum of arrears is disputed by defendant No.4.

Ratio / Principle

It is not in dispute that respondent No.4, i.e., defendant No.4, continues to be in possession of the property in question and is not paying rent to either of the parties.

Key takeaways

Defendant No.4 is a tenant under the agreement dated 18.01.2019, and the period of licence is ten years.ratio¶33
As there is no material on record to indicate that the tenancy agreement has been terminated, the only inference that can be drawn is that defendant No.4 continues as a tenant in the said premises.ratio¶37
Allowing the writ petition in part by modifying the Trial Court order dated 28.02.2024, defendant No.4 is directed to deposit rent commencing from the month of April 2026, along with all maintenance charges, before the Trial Court, on or before the 10th day of every succeeding month; no order as to costs.

Detailed headnote1 paragraphs

High Court of Karnataka (K. V. Aravind, J.) partly allowed Writ Petition No. 12097 of 2024 (GM-CPC) filed under Article 227 of the Constitution of India, modifying the order dated 28.02.2024 of the XIV Addl. City Civil and Session Judge, Bengaluru (CCH 28) in OS No. 1292/21, by which the Trial Court had rejected the petitioner's application under Order 39 Rule 10 read with Section 151 CPC seeking a direction to defendant No.4 to remit arrears of rent of Rs.57,46,200/- and maintenance charges of Rs.5,65,380/- during the pendency of the suit. The Court held that a direction to deposit the arrears could not be issued because the quantum of arrears is disputed by defendant No.4. However, it being undisputed that defendant No.4 continues in possession of the property and is not paying rent to either party, and defendant No.4 being a tenant under the agreement dated 18.01.2019 with a ten-year licence period and no material on record indicating termination of the tenancy, the Court inferred that defendant No.4 continues as a tenant and directed it to deposit rent commencing from April 2026, along with all maintenance charges, before the Trial Court on or before the 10th day of every succeeding month. No order as to costs.

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NC: 2026:KHC:23913 WP No. 12097 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION No. 12097 OF 2024 (GM-CPC)

BETWEEN:

SRI.S.N. RAVICHANDRA, S/O LATE S. NAGASUBBARAMANYAM, AGED ABOUT 57 YEARS, RESIDING AT No.609, 99^TH CROSS, 5^TH MAIN, J P NAGAR, 3^RD PHASE BANGALORE-560078.

…PETITIONER

(BY SRI SHANMUKH MAKAM, ADVOCATE FOR SRI VIVEKANANDA H. S., ADVOCATE)

AND:

Digitally signed by VINUTHA B S Location: High Court of Karnataka

SRI.R. HARISH BABU, S/O LATE SRI RAMARAJU, AGED ABOUT 47 YEARS, R/AT No.99, 6^TH MAIN, 2^ND CROSS, J P NAGAR 3^RD PHASE, BANGALORE-560078.

SRI S. R. MANIKANTA, S/O LATE S. R. RAMAMURTHY, AGED ABOUT 42 YEARS, R/AT No.44, RAMANASHREE ENCLAVE, BILEKALLI, BANNERGHATTA ROAD, BANGALORE-560076.

SRI SURESH SHAMANNA, S/O LATE SRI M SHAMANNA,

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HC-KAR

AGED ABOUT 55 YEARS, R/AT No.10, 3^RD MAIN, J P NAGAR, 3^RD PHASE BANGALORE-560078.

M/S NEXT COWORKS, REGISTERED OFFICE AT ALANKAR PLAZA, B K CIRCLE NAYAK LAYOUT, J P NAGAR, 8^TH PHASE BANGALORE-560076, REPRESENTED BY ITS DIRECTOR SRI MANISH GUPTA.

…RESPONDENTS

(BY SRI SHERVIL ADAPPA, ADVOCATE FOR R3; SRI K.N. HEMACHANDRA, ADVOCATE FOR R4; R1 & R2 SERVED, UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OR SETTING ASIDE THE ORDER DATED 28.02.24 PASSED BY THE XIV ADDL. CITY CIVIL AND SESSION JUDGE, BANGALURU (CCH 288) IN OS No. 1292/21 ON THE APPLICATION FILED UNDER ORDER 39 RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION VIDE ANNEXURE-V FILED BY THE PETITIONER HEREIN.

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

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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NC: 2026:KHC:23913 WP No. 12097 of 2024

HC-KAR

ORAL ORDER

Heard Sri Sai Shanmukh Makam, learned counsel appearing for Sri H.S. Vivekananda, learned counsel for the petitioner, Sri Shervil Adappa, learned counsel for respondent No.3 and Sri K.N. Hemachandra, learned counsel for respondent No.4.

This application was filed before the Trial Court seeking a direction to defendant No.4 to remit the arrears of rent amounting to Rs.57,46,200/-, maintenance charges of Rs.5,65,380/-, and future rent and maintenance charges. The Trial Court rejected the application on the ground that granting such a direction would amount to granting the main relief sought in the suit.

The prayer seeking a direction to deposit the arrears of rent cannot be granted, as the quantum of arrears is disputed by defendant No.4. However, it is not in dispute that respondent No.4, i.e., defendant No.4, continues to be in possession of the property in question and is not paying rent to either of the parties. Defendant No.4 is a tenant under the agreement dated 18.01.2019, and the period of licence is ten

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NC: 2026:KHC:23913 WP No. 12097 of 2024

HC-KAR

years. There is no material on record to indicate that the tenancy agreement has been terminated. Therefore, the only inference that can be drawn is that defendant No.4 continues as a tenant in the said premises.

In that view of the matter, the following:

O R D E R

(i) The writ petition is allowed in part by modifying the order of the Trial Court dated 28.02.2024.

(ii) The defendant No.4 is directed to deposit rent commencing from the month of April 2026, along with all maintenance charges, before the Trial Court.

(iii) The deposit of rent shall be made on or before the 10th day of every succeeding month.

(iv) No order as to costs.

Sd/(K. V. ARAVIND) JUDGE

VBS

List No.: 1 Sl No.: 12