Karnataka High Court
Smt. Kanthadevi Jain vs Sri Sampathlal Jain on 8 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:5497
WP No. 3622 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 3622 OF 2024 (GM-CPC)
BETWEEN:
SMT. KANTHADEVI JAIN
W/O SRI. SURENDRA KUMAR JAIN,
AGED ABOUT 56 YEARS,
NO.43, 11TH CROSS, GOKULA,
IST STAGE,IST PHASE,
MATHIKERE WARD NO.3,
LCR SCHOOL ROAD,
BENGALURU - 560 054
...PETITIONER
(BY SRI. LAXMIKANTHA K B., ADVOCATE)
AND:
SRI SAMPATHLAL JAIN
S/O LATE PYAR CHAND JAIN,
AGED ABOUT 65 YEARS,
NO.86/A, 10TH MAIN,
Digitally IST STAGE, IIND PHASE,
signed by GOKUL MANTHIKERE,
VANDANA S BENGALURU - 560 054
Location: ...RESPONDENT
HIGH
COURT OF (BY SRI.V.B.SHIVAKUMAR., ADVOCATE;)
KARNATAKA
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 01/02/2023 (ANNEXURE-K) IN OS NO. 6871/2021 PASSED BY
THE HON'BLE XII ADDL. CITY CIVIL AND SESSION JUDGE,
BENGALURU (CCH-27).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:5497
WP No. 3622 of 2024
ORDER
In this petition, petitioner seeks for the following reliefs:
"i. To issue Writ of Certiorari set aside the order dated 01.02.2023 (Annexure K) in O.S. No. 6871 / 2021 passed by the Hon'ble XII Addl. City Civil and Session Judge, Bengaluru (CCH 27) in the interest of justice.
ii. To issue Writ of Certiorari set aside the order dated 08.01.2024 (Annexure P) in Ex.P No.1985 / 2023 passed by the Hon'ble XII Addl. City Civil & Session Judge, Bengaluru (CCH 27) and stay the order dated 01.02.2023 until the pending suit i.e. O.S. No. 6871 / 2021 (Counter Claim in Original Suit before the Hon'ble trail court be decided) in the interest of justice and equity.
iii. Grant such other further relief as may deem fit in the circumstances of the case."
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. The material on the record discloses that the respondent- plaintiff instituted the suit in O.S.No.6871/2021 against the petitioner-defendant for ejectment and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner-defendant who has also put forth counter claim for recovery of a sum of Rs.64,26,828/- together with interest from the -3- NC: 2024:KHC:5497 WP No. 3622 of 2024 respondent-plaintiff who is contesting the said counter claim. During the pendency of the suit, the respondent-plaintiff filed an application I.A.No.6 under Section 151, CPC seeking a direction to the petitioner to deposit arrears of rent of Rs.11,58,400/- said to be issued as on 30.09.2022. The said application having been opposed by the petitioner-defendant, the Trial Court proceeded to pass the impugned order dated 01.02.2023 allowing I.A.No.6 and directing the petitioner-defendant to pay the arrears of rent within a period of thirty days from 01.02.2023 failing which the defence of the petitioner was directed to be struck off in the suit.
4. Subsequently, the petitioner neither challenged the said order nor complied with the same as a result of which the respondent instituted the Execution proceedings in Ex.No.1985/2023. In the said Execution proceedings, the petitioner filed one more application I.A.No.5 under Order 21 Rule 29 of CPC seeking stay of Execution proceedings pending disposal of the counter claim put forth by her in O.S.No.6871/2021 referred to supra.
5. The said application having been contested by the respondent - decree holder, the Trial Court proceeded to pass the -4- NC: 2024:KHC:5497 WP No. 3622 of 2024 subsequent impugned order dated 08.01.2024 dismissing I.A.No.5 and directing the petitioner - judgment letter to pay the amount as ordered in I.A.No.6 in O.S.No.6871/2021 referred to supra. Aggrieved by the impugned orders passed on I.A.No.6 in O.S.No.6871/2021 and I.A.No.5 in Execution proceedings, the petitioner is before this Court by way of the present petition.
6. Learned counsel for the petitioner submits that the petitioner would pay the entire arrears of rent within a period of one month from today and the impugned order passed by the Trial Court may be modified by restoring the defence which is been struck off by the Trial Court.
7. Per contra, learned counsel for the respondent - decree holder - plaintiffs submit in the event the petitioner pays the entire arrears of rent to the respondent within a period of one month today, respondent has no objection for the defence of the petitioner to be restored and by directing the Trial Court to dispose of the suit as expeditiously as possible.
8. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions to the trial Court.
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9. In the result, I pass the following:
ORDER
(i) Petition is hereby disposed of without interfering the impugned orders.
(ii) Petitioner is permitted to pay the entire arrears of rent to the respondent within a period of one month from today.
(iii) Immediately upon such payment being made by the petitioner to the respondent, the defence of the petitioner including the counter claim which has been struck off by the Trial court shall stand revived/restored to the file of the Trial Court.
(iv) The trial court shall consider the rival contentions and dispose of the suit on merits without being influenced by the findings and observations recorded in the impugned orders passed by the trial court and executing court.
(v) All rival contentions on all aspects of the matter including the claim/counter claim of both sides, are kept open and no opinion is expressed on the same.-6-
NC: 2024:KHC:5497 WP No. 3622 of 2024
(vi) The Trial court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order.
Sd/-
JUDGE DHA List No.: 2 Sl No.: 21