- 1 - NC: 2025:KHC:16007 WP No. 4128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4128 OF 2025 (GM-CPC) BETWEEN: MR. PADMANABHA REDDY, AGED ABOUT 60 YEARS, SON OF N. NARAYANA REDDY, RESIDING AT NO.27, 5TH CROSS, 3RD BLOCK, BEHIND 10TH BTS DEPOT, HRBR LAYOUT, KALYAN NAGAR, BANGALORE-560-043. REPRESENTED BY HIS GPA HOLDER MR. AVINASH PADMANABHA REDDY …PETITIONER (BY SRI. AJAY RAO,ADVOCATE) AND: M/s.FEDORAS FACILITY SERVICES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 734, 1ST BLOCK, 2ND CROSS, HRBR LAYOUT, BANASWADI, BANGALORE-560-043 REPRESENTED BY ITS DIRECTORS RAVI KUMAR J AND FENILA SAMUEL …RESPONDENT (BY SRI. MUNIRAJA S M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTION, ORDER OR DECLARATION, DIRECTING THE HON'BLE XLII Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16007 WP No. 4128 of 2025 ADDL. CITY CIVIL JUDGE, BANGALORE (CCCH 43) TO TAKE UP AND DISPOSE OFF THE SUIT IN O.S NO.6844/2023 (AT ANNEXURE-H) IN AN EXPEDITIOUS AND TIME BOUND MANNER, AND B) ALTERNATIVELY, TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER WRIT, DIRECTION, ORDER OR DECLARATION, DIRECTING THE HON'BLE XLII ADDL. CITY CIVIL JUDGE, BANGALORE (CCCH-43) TO TAKE UP HEARING OF IA NO.5 FILED BY THE PETITIONER IN O.S. NO. 6844/2023 UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 (AT ANNEXURE-A) IN AN EXPEDITIOUS AND TIME BOUND MANNER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Plaintiff in O.S.No.6844/2023 pending on the file of XLII Additional City Civil and Sessions Judge, (CCH-43) Bengaluru, is before this Court seeking a direction to the trial Court to dispose of the suit and application filed in I.A.No.5 as expeditiously as possible. 2. Learned counsel for the petitioner taking this Court through the records submits that the petitioner/plaintiff filed the above suit for ejectment and for arrears of rent and damages. That plaintiff had filed the application in I.A.No.1 under Section 151 of CPC seeking direction to the defendant to deposit the arrears of rent/damages amounting to - 3 - NC: 2025:KHC:16007 WP No. 4128 of 2025 Rs.22,85,700/-. Said application however came to be partly allowed by order dated 09.09.2024 directing the defendant to pay/deposit a sum of Rs.1,90,000/- from January 2024 till further orders. That there was no compliance to the said order. As such, the petitioner/plaintiff filed another application in I.A.No.5 seeking to strike out the defence of the defendant and to proceed in accordance with law. Though the said application was filed on 16.10.2024 and despite defendant having been given sufficient opportunity to file objections and the same having been taken as not filed, the trial court has not passed any order causing undue hardship to the petitioner/plaintiff. Hence, he seeks direction to the trial court for expeditious disposal either of the suit or the application in I.A.No.5 in accordance with law. 3. None appears for the respondent. 4. Heard and perused the records. 5. Records reveal that the defendant admittedly had not paid the rents. Even the trial Court has taken note of this aspect of the matter while passing the order dated 09.09.2024 on I.A.No.1 and directed the defendant to deposit a sum of - 4 - NC: 2025:KHC:16007 WP No. 4128 of 2025 Rs.1,90,000/-. Even the said order do not seem to have been complied with. 6. Application in I.A.No.5 filed by the petitioner for striking out the defence has not been disposed of, though no objections have been filed by the defendant to the said application. In that view of the matter, the trial court is directed to dispose of the application in I.A.No.5 as well as the suit in accordance with law as expeditiously as possible within an outer limit of six months from the date of receipt of certified copy of this order. Accordingly, writ petition is allowed. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 10