- 1 - NC: 2025:KHC:10278 WP No. 2752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2752 OF 2025 (GM-CPC) BETWEEN: L DINESH S/O K V LALA AGED ABOUT 44 YEARS R/AT NO. 59, GROUND FLOOR VEERAPILLAI STREET, SHIVAJI NAGAR BANGALORE 560 001 …PETITIONER (BY SRI. SHRAVAN S LOKRE., ADVOCATE) AND: 1. S DIWAKAR S/O LATE SRI SATYA KUMAR AGED ABOUT 42 YEARS 2. SMT. ASHA DIWAKAR W/O S DIWAKAR AGED ABOUT 36 YEARS 3. SMT. SURYA KUMARI W/O SRI SATYA KUMAR AGED ABOUT 74 YEARS R1 TO R3 ARE R/AT 59 2ND FLOOR, VEERAPILLAI STREET SHIVAJI NAGAR, BANGALORE 560 001 …RESPONDENTS (BY SRI. P VENKATARAMANA., ADVOCATE FOR C/R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10278 WP No. 2752 of 2025 THE IMPUGNED ORDER UNDER IA NO.2 PASSED BY THE XIII TH ADDL CITY CIVIL AND SESSION JUDGE MAYO HALL BANGALORE (CCH-22) DATED: 12.11.2024 IN OS NO. 25938/2021 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 12.11.2024 passed by the XIII Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru on I.A.No.2 filed by plaintiff No.2 under Section 151 of CPC in O.S.No.25938/2021, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for ejectment. During the pendency of the suit, he has filed I.A.No.2 under Section 151 of CPC to direct the defendant to pay arrears of rent and damages along with monthly maintenance charges till 31.01.2024 and continue to pay as on when it falls due. The Trial Court by impugned order has allowed the - 3 - NC: 2025:KHC:10278 WP No. 2752 of 2025 application and directed the defendant to pay the admitted monthly rent at the rate of Rs.27,500/- from 01.08.2022 to the plaintiffs, and continue to pay as and when rent becomes due. Being aggrieved by the said order, the present petition is filed. 3. The learned counsel for the petitioner-defendant has contended that the main relief in the suit is for ejectment and damages and hence, now the application i.e., I.A.No.2 for damages is not be maintainable. He further contended that as per the lease agreement, the petitioner-defendant has deposited a sum of Rs.10,00,000/- with the plaintiff No.3 and hence, he has filed the suit for refund of the said amount. Under the circumstances, when the suit filed by the defendant is pending, the plaintiff could not seek for arrears of monthly rent. He further contended that in respect of very suit premises in O.S.No.25938/2021, the plaintiffs have entered into a lease deed with a third party for a sum of Rs.8,000/- p.m. Therefore, the direction of the Trial Court to the defendant to pay monthly rent at the - 4 - NC: 2025:KHC:10278 WP No. 2752 of 2025 rate of Rs.27,500/- is on the higher side. Hence, he sought for allowing the writ petition. 4. The learned counsel for the respondents-plaintiffs submits that there is a registered lease deed between the petitioner-defendant and respondents-plaintiffs. As per the registered lease deed dated 07.07.2018, the defendant has agreed to pay monthly rent of Rs.25,000/- for one year from 01.05.2018 to 30.04.2019, Rs.27,000/- from 01.05.2019 to 30.04.2020 and Rs.29,160/- from 01.05.2020 to 30.04.2021 excluding maintenance charges of Rs.500/- p.m. In the cross-examination, the defendant has admitted the lease deed dated 07.07.2018 and he has also admitted the rent. Bank statement of plaintiff No.3 has been marked as Ex.P-7 and it is clear from the said statement that the defendant has paid the agreed monthly rent and damages at the rate of Rs.27,500/- upto 01.07.2022. Considering these aspects of the matter, the Trial Court has rightly allowed the application. - 5 - NC: 2025:KHC:10278 WP No. 2752 of 2025 5. Heard the learned counsel for the parties. Perused the writ papers. 6. It is not in dispute that the defendant was a tenant under the plaintiffs. As pr Ex.P6, lease deed dated 07.07.2018 entered into between the plaintiffs and defendant, the monthly rent of Rs.25,000/- was fixed for one year from 01.05.2018 to 30.04.2019, Rs.27,000/- from 01.05.2019 to 30.04.2020 and Rs.29,160/- from 01.05.2020 to 30.04.2021 excluding maintenance charges of Rs.500/- p.m. In the cross-examination, the defendant has admitted the lease deed dated 07.07.2018. As per the lease deed, he has agreed to pay monthly rent of Rs.27,000/- p.m. and Rs.500/- towards damages from 01.05.2019 to 30.04.2020. As per Ex.P-7, bank statement of plaintiff No.3, the last payment of rent of Rs.27,500/- has been deposited on 13.08.2022. Considering all these aspects of the matter, the Trial Court has rightly allowed the application and directed the defendant to pay monthly - 6 - NC: 2025:KHC:10278 WP No. 2752 of 2025 rent of Rs.27,500/- from 01.08.2022 to the plaintiffs and continue to pay as and when rent becomes due. 7. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. The writ petition is devoid of merits. 8. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 18