Karnataka High Court
M/S Sreenivasa Enterprises vs Sri B K Rajendra Rpasad on 30 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:22597
WP No. 8269 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 8269 OF 2023 (GM-CPC)
BETWEEN:
1. M/S SREENIVASA ENTERPRISES
VITTOBHA TEMPLE STREET,
DODDABALLAPURA, BENGALURU DISTRICT AND
M/S. URVASHI THEATRE, NO.40,
H.SIDDIAH ROAD,
BENGALURU-560027.
REP. BY ITS MANAGING PARTNER
SRI.K.R.RAVISHANKAR
2. SRI.K.R.RAVISHANKAR
S/O LATE K.C.R. GOWDA
AGED ABOUT 63 YEARS,
3. SMT.ANITHA RAVISHANKAR
W/O K.R.RAVISHANKR,
AGED ABOUT 62 YEARS,
Digitally BOTH ARE R/AT VITTOBHA TEMPLE STREET,
signed by
PANKAJA S DODDABALLAPURA, BENGALURU DISTRICT,
Location: AND ALSO AT No.40, H.SIDDAIAH ROAD,
High Court BENGALURU-560 027.
of ...PETITIONERS
Karnataka
(BY SRI. H R ANANTHA KRISHNA MURTHY., ADVOCATE)
AND:
1. SRI B K RAJENDRA PRASAD
S/O LATE.B.KRISHNA SHETTY
AGED ABOUT 70 YEARS,
R/AT NO.31,11TH A CROSS,(1ST FLOOR),
SWIMMING POOL EXTENSION,
SUDHINDRA NAGAR, MALLESWARAM,
BENGALURU-560003.
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NC: 2023:KHC:22597
WP No. 8269 of 2023
2. SRI.B.N.RAM MOHAN
S/O LATE.B.K.NARAYAN
AGED ABOUT 63 YEARS,
R/AT NO.15,13TH MAIN,
JAGRUTHI COLONY, PUTTENAHALLI,
JP NAGAR, VII PHASE,
BENGALURU-560078.
3. SRI.B.G.SHANKAR
S/O.LATE.B.K.GOPAL
AGED ABOUT 60 YEARS,
R/AT NO.2069, EAST END 'B' MAIN,
39TH CROSS, JAYANAGAR 9TH BLOCK,
BENGALURU-560069.
4. SRI.B.M.SREENATH
S/O.LATE.B.K.MANJUNATH
AGED ABOUT 62 YEARS,
R/AT NO. 128/7, 7TH MAIN ROAD,
LAKKSANDRA EXTN.,
WILSON GARDEN,
BENGALURU-560030.
5. SRI.MAHESH B.G.
S/O.B.K.GOVINDARAJ,
AGED ABOUT 51 YEARS,
R/AT NO. 69, EAST PARK ROAD,
14TH CROSS, MALLESWARAM,
BENGALURU-560 003.
...RESPONDENTS
(BY SRI. VISWANATHA SETTY.V., ADVOCATE
FOR C/R-1 TO R-5)
THIS PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER
PASSED BY THE LEARNED XXII ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU IN IA 1 41 S 151 CPC IN EX.NO.2512/2022 ON
13.02.2023 VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:22597
WP No. 8269 of 2023
ORDER
1. This petition arises out of the impugned order dated 13.02.2023 passed on I.A. No.I in the Execution Proceedings in Ex.No.2512/2022 on the file of XXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'Trial Court').
2. The material on record discloses that the respondents - landlords have instituted the suit in O.S. No.3841/2018 against the petitioners - tenants for ejectment and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioners - defendants. During the pendency of the said suit, the respondents - plaintiffs filed an application - I.A. No.13 under Section 151 of the Code of Civil Procedure seeking a direction to the petitioners - defendants to deposit a sum of Rs.12,50,000/- per month towards damages / mesne profits and for other reliefs. The said application having been contested by the petitioners - defendants came to be partly allowed by the Trial Court vide order dated 12.01.2022 directing the petitioners - defendants to deposit a sum of Rs.6,25,000/- per month. Aggrieved by the same, the petitioners - defendants preferred W.P. No.2248/2022 before this Court which dismissed the said -4- NC: 2023:KHC:22597 WP No. 8269 of 2023 petition vide order on 28.09.2022 confirming the order passed by the Trial Court. Aggrieved by the same, the petitioners have approached the Hon'ble Apex Court in Special Leave Petition in No.498/2023, which was also disposed of reserving liberty in favour of petitioners to move the Trial Court for extension of time for deposit of mesne profits / damages. Pursuant to the said order dated 16.01.2023 passed by the Hon'ble Apex Court, the petitioners have deposited certain amounts before the Trial Court.
3. In the meanwhile, the respondents instituted the aforesaid execution proceedings in Ex.No.2512/2022 to enforce, implement and execute the aforesaid order dated 12.01.2022. In the said Execution Proceedings, the petitioners - judgment debtors took up the contention that the office had raised objections regarding payment of requisite court fee on the Execution Petition. After hearing the parties on the said issue, the Executing Court proceeded to pass impugned order dated 13.02.2023 by coming to the conclusion that the petitioners are to be directed to deposit the amounts as directed and the Court fee would be deducted out of the amount deposited by the petitioners by holding as under :
"Case called out.-5-
NC: 2023:KHC:22597 WP No. 8269 of 2023 Sri.VMR Advocate for Dhr. present. He files I.A. No.1 under Section.151 of CPC to dispense the payment of court fee till JDR deposits the mesne profits/damages, for the reasons stated in the affidavit.
Today case is set down for hear on payment of court fee on Rs.3 crores, 37 Lakhs, 50 thousand.
This execution is filed on the basis of the order passed by this court in OS No.3858/2016 C/w 3840/2018, wherein IA No.13 was allowed, the defendants tenants are directed to deposit rent of Rs. 12,50,000/- per month.
Being aggrieved the said order, the tenants preferred WP No. 2248/2022(GM-CPC) C/W WP No.2179/2022 and 2216/2022(GM-CPC), wherein also order of this court is confirmed by Hon'ble High court.
The tenants being aggrieved has preferred SLP before Hon'ble Supreme Court in 498/2023. On 16.01.2023 the Hon'ble Supreme Court dismissed the said appeal.
Inspite of the above narrated facts the tenants have not deposited the amount as per the direction of the courts. Therefore, the present execution petition is filed.
As per the office objection the land lords/Dhr has to pay court fee of Rs.3,75,875/-. In the affidavit the Dhr submits that, after depositing the mesne profit/damages the Dhr is ready to pay the court fee. Till that office objections may be suspended and accord permission to proceed with the execution.-6-
NC: 2023:KHC:22597 WP No. 8269 of 2023 Admittedly the tenants are in possession in the suit schedule property and running Cinema theater under name and style Urvashi theater. Inspite of it the tenants are not ready to pay the mesne profit as per the direction of this court. At that juncture it is not proper to insist the land lords to deposit such a huge amount of court fee. Therefore, time being deposit of court fee is suspended subject to condition that, after deposit the said court fee will be deducted from the said amount.
Accordingly IA No. 1 disposed off.
For steps, call on 16.02.2023."
4. Subsequent to the aforesaid impugned order dated 13.02.2023, the Registry of the Trial Court has disbursed the amount deposited by the petitioners in favour of the respondents by deducting the Court fee payable. Under these circumstances, the question of passing any further order in the present petition which assails the impugned order dated 13.02.2023 at the instance of the petitioners does not arise.
5. Learned counsel for the petitioners - judgment debtors and learned counsel for respondents - decree holder have jointly submitted that since the suit is pending for the last five years, directions may be issued to the Trial Court for expeditious disposal -7- NC: 2023:KHC:22597 WP No. 8269 of 2023 of the suit. It is submitted by the learned counsel for the respondents - decree holders that necessary directions to be issued to the petitioners to deposit the amounts as directed in the earlier order passed by the Trial Court.
6. Learned counsel for the petitioners also submit that liberty may be reserved in favour of the petitioners to request the Trial Court for further extension of time to deposit mesne profits / damages before the Trial Court. The said submission is placed on record.
7. In view of the aforesaid facts and circumstances and submission made at the bar, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by issuing certain directions to the Trial Court before whom both O.S. No.3841/2018 and Ex.No.2512/2022 are pending adjudication.
8. In the result, the following -
ORDER i. Petition is hereby disposed of without interfering with the impugned order.
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NC: 2023:KHC:22597 WP No. 8269 of 2023 ii. The Trial Court is directed to dispose of the suit in O.S. No.3841/2018 and Ex.No.2512/2022 as expeditiously as possible and at any rate within a period of three months or from 10.07.2023, on which date both the matters are posted before the Trial Court.
iii. It is further directed that liberty is reserved in favour of the petitioners to request the Trial Court for extension of time to comply with the earlier orders passed in the present proceedings.
iv. It is also directed that till disposal of the suit and Execution Proceedings, the order of attachment passed in the Ex. No.2512/2022 dated 21.02.2023 and modified subsequently on 27.02.2023 shall continue to remain in force and operate between the parties.
v. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
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JUDGE HNM List No.: 2 Sl No.: 5