Sri R Muniyappa Vs Retail Work India Pvt. Ltd.

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1 - NC: 2026:KHC:9237 WP No. 24021 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24021 OF 2025 (GM-CPC)

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BETWEEN:

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SRI R MUNIYAPPA S/O LATE RAJANNA @ M. RAJAPPA, AGED ABOUT 54 YEARS, R/A NO. 32, H.L.NO.40, 20TH CROSS, NEAR BHAJANE MANE EJIPURA, VIVEKANAGAR POST, BENGALURU 560 047.

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. R. VIJAYAPPA, S/O LATE RAJANNA @ M.RAJAPPA, AGED ABOUT 46 YEARS, R/A NO.38, GROUND FLOOR, CHAVARA CHURCH ROAD, EJIPURA, VIVEKANAGAR POST, BENGALURU 560 047. BY THEIR GPA HOLDER

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SRI. R. MUKUNDAN, S/O LATE M. RAJANNA @ M. RAJAPPA, AGED ABOUT 50 YEARS, R/A NO.04, FIRST FLOOR, 20TH 'J' CROSS, EJIPURA, VIVEKANAGAR POST, BENGALURU 560 047.

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…PETITIONERS

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(BY SRI. LINGAPPA ADVOCATE FOR SRI.RAJAGOPALA T K,ADVOCATE)

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2 - NC: 2026:KHC:9237 WP No. 24021 of 2025

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HC-KAR

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AND:

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RETAIL WORK INDIA PVT LTD REP. BY ITS CEO & FOUNDER: MR. RAJIV RAO, R/AT: NO.2, 20^TH 'L' CROSS,NEXT TO MEGA GYM, EJIPURA,VIVEKANAGAR POST, BENGALURU-560 047. ALSO AT: NO.48, GROUND FLOOR LINDEN STREET, PALMGROVE ROAD, VICTORIA LAYOUT, ADJACENT TO HOTEL CHAITANYA,BENGALURU-560 047.

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…RESPONDENT

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(NOTICE TO RESPONDENT DISPENSED WITH V/O DTD.13.02.2026)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO APPROPRIATE WRIT OR ORDER DIRECTING THE COURT OF XVII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU, CCH NO.16 IN O.S.NO.574/2022 TO DISPOSE OF IA NO.8 FILED BY THE RESPONDENT HEREIN UNDER SECTION 114 R/W ORDER 47 RULE 1 R/W SECTION 151 OF CPC AT THE EARLIEST AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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The petitioners, who are the plaintiffs in O.S. No.574/2022 pending on the file of the XLII Addl. City Civil and Sessions Judge, Bengaluru (CCH-43), have preferred the present petition.

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NC: 2026:KHC:9237 WP No. 24021 of 2025

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HC-KAR

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The plaintiffs filed an application under Section 151 of the Code of Civil Procedure, seeking a direction to the defendant to deposit the arrears of rent in respect of the suit schedule premises. The said application was allowed by order dated 14.02.2023. Aggrieved by the said order, the respondent preferred Writ Petition No.7379/2023. By order dated 11.04.2023, this Court disposed of the writ petition, directing the respondent to continue to deposit the future rent before the Court. After dismissal of the writ petition, it appears that an application under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure has been filed, seeking review of the order dated 14.02.2023. It is contended that the review application has been filed subsequent to the dismissal of the writ petition.

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Sri Lingappa, learned counsel appearing on behalf of Sri Rajagopala T.K. for the petitioners, submits that in view of the pendency of the application filed under Section 114 of the Code of Civil Procedure, the Trial Court is not considering the application filed by the plaintiffs seeking striking off the defence. He further submits that the said application is dated

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4 -

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NC: 2026:KHC:9237 WP No. 24021 of 2025

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HC-KAR

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14.10.2024 and that there is no impediment for this Court to direct the Trial Court to consider the application under Section 114 of the Code of Civil Procedure expeditiously.

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In view of the limited nature of the direction issued,

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notice to the respondent is dispensed with.

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Having regard to the limited prayer made in the writ petition and without expressing any opinion on the merits of the matter, the Trial Court is directed to consider and dispose of the application dated 14.10.2024 within a period of four months from the date of receipt of a copy of this order.

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With the above observations, writ petition is

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disposed of .

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Sd/(K. V. ARAVIND) JUDGE

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SSD List No.: 1 Sl No.: 25

Sri R Muniyappa v. Retail Work India Pvt. Ltd.

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Sri R Muniyappa v. Retail Work India Pvt. Ltd.

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