- 1 - NC: 2025:KHC:12022 WP No. 9287 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9287 OF 2023 (GM-CPC) BETWEEN: SRI. K NATARAJAN S/O LATE A. KANNAN AGED ABOUT 56 YEARS R/AT NO.35, THIRUVALLUVAR NAGAR CHB COLONY WEST, TIRUCHENGODE NAMAKKAL, TAMIL NADU. ALSO AT OLD NO. 1163 NEW NO. 264/775/645 YELAHANKA, 3RD DIVISION SHIVAMMA COMPLEX GANDHINAGAR BENGALURU - 560 064. …PETITIONER (BY SRI. P D SURANA, ADVOCATE FOR SRI. RAJU S., ADVOCATE) AND: SRI. H M KALANDER S/O. MOHIM BASHA AGED ABOUT 47 YEARS R/AT NO. 47/1. 1ST MAIN 3RD CROSS, KURULAPPA LAYOUT MAURTHI NAGAR, YELAHANKA BENGALURU - 560 064 …RESPONDENT (BY SRI.NARAJJI DEEPAK., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12022 WP No. 9287 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 23.01.2023 IN OS 4458/21 ON THE FILE OF LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-66) ON IA NO. 2 FILED BY THE PETITIONER U/S 151 OF THE CPC AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 23.01.2023 passed on IA No.2 in O.S.No. 4458/2021 by the LXV Additional City Civil and Sessions Judge, Bengaluru City (CCH-66), whereby IA No.2 filed by the petitioner/plaintiff was dismissed. 2. The plaintiff filed a suit for ejectment and arrears of rent. During the pendency of the suit, the plaintiff filed an application under Section 151 of CPC for a direction to the defendant to pay arrears of rent of Rs.2,61,800/- from 1st April 2019 to 31st June 2022. That application came to - 3 - NC: 2025:KHC:12022 WP No. 9287 of 2023 be dismissed. Being aggrieved by the same, the petitioner/plaintiff is before this Court. 3. Learned counsel for the petitioner contended that the respondent/defendant is a tenant under the plaintiff’s vendor, the plaintiff purchased the property and the defendant continued as a tenant under the plaintiff. Therefore, the plaintiff filed an application for payment of arrears of rent. 4. The learned counsel for the respondent/defendant denied the relationship of landlord and tenant. He further contended that since the issue regarding the relationship of landlord and tenant is pending, he will deposit the arrears of rent before the trial court and the trial court shall not permit the plaintiff to withdraw the said amount till the disposal of the suit. 5. In view of the above, the following order is passed: (i) The writ petition stands disposed of. - 4 - NC: 2025:KHC:12022 WP No. 9287 of 2023 (ii) The order dated 23.01.2023 passed by the trial court on IA No.II in O.S.No.4458/2021 passed by the LXV Additional City Civil and Sessiosn Judge, Bangalore City (CCH-66) is modified to the effect that the respondent/ defendant is permitted to deposit the arrears of rent of Rs.2,61,800/- within two months from today. (iii) It is made clear that the said deposit of the amount is subject to the result of the suit. (iv) It is also made clear that the trial court shall not permit the petitioner/plaintiff to withdraw the amount, till the disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43