- 1 - NC: 2025:KHC:7821 WP No. 5175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5175 OF 2025 (GM-CPC) BETWEEN: SMT. D. BEEBI AESHA W/O P. MAHABU SUBHANI AGED 38 YEARS R/AT FLAT NO 04076, WING 4 SOBHA DREAM ACRES,BALAGERE ROAD PANATHUR MAIN ROAD, OFF ORR BANGALORE-560087. …PETITIONER (BY SRI. MUKHTAR AHMAD KHAN.,ADVOCATE) AND: 1. SMT. NEHA SINGH W/O VISHWESH PARMAR AGED 34 YEARS REPRESENTED BY G.P.A HOLDER ADV. SMT MALA DHARMANAIK R/AT J-235, BRIGADE COURT YARD HMT AREA, JALAHALLI BANGALORE -560013. 2. SRI P.MAHABU SUBHANI S/O P.BABAIAH AGED 41 YEARS R/AT 1/231B, NEAR CHENNAKESAVA TEMPLE CHENNEKOTHAPALLI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7821 WP No. 5175 of 2025 SRI SATHYASAI DISTRICT ANDHRA PRADESH -515101 …RESPONDENTS (BY SRI. R D VISHWANATH., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED: 13.11.2024 IN I.A.NO. 2 OF 2024 IN O.S.NO. 628 OF 2023 ON THE FILE OF THE II ADDL CIVIL JUDGE, BANGALORE RURAL WHICH IS PRODUCED AS 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 petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.2 challenging the order dated 13.11.2024 passed by the II Civil Judge, Bengaluru Rural District, Bengaluru, on I.A.No.2/2024 filed by the plaintiff under Section 151 of CPC in O.S.No.628/2023, whereby the Trial Court has allowed the application. 2. The plaintiff filed the suit for eviction as against defendant Nos.1 and 2 before the Trial Court. The - 3 - NC: 2025:KHC:7821 WP No. 5175 of 2025 defendant No.1, who is the husband of defendant No.2, was the tenant under plaintiff. Defendant No.1 has filed written statement and pleaded that he has no objection for decreeing the suit filed by the plaintiff for eviction. During the pendency of the suit, defendant No.1 has vacated the premises and defendant No.2 is still residing in the premises and contesting the suit. The plaintiff has filed I.A.No.2 under Section 151 of CPC seeking to direct the defendant No.2 to deposit the arrears of rent. The Trial Court by impugned order has directed the defendant to pay arrears of rent and to pay monthly rent till the disposal of the suit. Being aggrieved by the said order, the present petition is filed. 3. The plaintiff filed the suit for eviction as against defendant Nos.1 and 2. The Trial Court by impugned order has directed the defendant No.2 to pay arrears of rent and to pay monthly rent till the disposal of the suit and there is no order against defendant No.1, who was the tenant and had taken the premises on lease. - 4 - NC: 2025:KHC:7821 WP No. 5175 of 2025 4. Be that as it may. The suit is filed for eviction. At this stage, this Court is of the opinion that it would be appropriate to direct the Trial Court to dispose of the suit as expeditiously as possible. 5. Accordingly, the writ petition is disposed of. 6. The Trial Court is directed to dispose of O.S.No.628/2023 in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of copy of this order. Till then, the Trial Court is directed not to implement the impugned order dated 13.11.2024. 7. It is made clear that the petitioner herein is directed not to seek for any further adjournments and shall co- operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM