- 1 - HC-KAR NC: 2025:KHC:21058 W.P. No.35987/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.35987/2019 (GM-CPC) BETWEEN: SMT. NAGARATHNAMMA (SINCE DEAD BY L.R'S). 1. SMT. KALA SURESH AGED ABOUT 56 YEARS W/O B.V. SURESH R/AT. NO.82, 2ND FLOOR 5TH ROSS, K.R. LAYOUT J.P. NAGAR, 6TH PHASE BANGALORE 560078. 2. SRI. N.S. MANJUNATH AGED ABOUT 52 YEARS S/O LATE SAMPATH KUMAR R/AT NO.98,/9, 2ND CROSS 6TH MAIN ROAD, 4TH BLOCK THYAGARAJANAGAR BANGALORE 560028. 3. SMT. PREMALATHA N.S. AGED ABOUT 49 YEARS W/O PRABHAKAR RAO S.B. R/AT NO.88 THIRUMALASHETTY HALLI VILLAGE SAMMETHANAHALLI POST BANGALORE 560068. 4. SMT. NETHRA PRASHANTH AGED ABOUT 37 YEARS W/O PRASHANTH R/AT NO.68, GROUND FLOOR 6TH MAIN, 2ND "A" Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:21058 W.P. No.35987/2019 GORAVANAGAR, J.P. NAGAR 7TH PHASE, BANGLAORE 560078. …PETITIONERS (BY SRI. NARENDRA S, ADV.,) AND: SMT. K.M. SUNITHA AGED ABOUT 39 YEARS W/O CHANDRE GOWDA R/AT. NO.122/103, SLV HOTEL VENKATACHALAIAH COMPOUND THIRUMALASHETTY HALLI CROSS AND VILLAGE ANUGONDAHALLI HOBLI, HOSKOTE BANGALORE 560 067. ALSO R/O NO.168, 1ST FLOOR OPP. GOVT. SCHOOL THIRUMALASHETTY HALLI VILLAGE SAMMETHANAHALLI POST KODUGENAHALLY BANGALORE 560068. …RESPONDENT (BY SRI. KRISHNAMURTHY V, ADV., FOR SRI. A.G. NAGARAJA, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DTD.25.02.2017 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC AT HOSAKOTE IN EX.P.NO.13/2O16 AS PER ANNX-'A' BY HOLDING THAT THE SAME IS BAD IN LAW & ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:21058 W.P. No.35987/2019 ORAL ORDER This petition is filed seeking the following relief: "Issue Writ of Certiorari by quashing the order dated 25.02.2017 passed by the Addl. Civil Judge and JMFC at Hosakote in Ex.P.No.13/2016 as per Annexure-A by holding that the same is bad in law." 2. After hearing the matter for some time, learned counsel appearing for both the parties agreed that the respondent is required to pay Rs.35,000/- as arrears. 3. The learned counsel for the petitioner has admitted that Rs.60,000/- security deposit given by the respondent is with the petitioner. It is further agreed by both the parties that Rs.35,000/- shall be deducted from the security deposit of Rs.60,000/- and the remaining amount of Rs.25,000/- shall be permitted to be used by the petitioner for the purpose of painting, repairing, etc. as claimed. 4. To the aforesaid effect, a memo has been filed which reads as follows: "The undersigned counsel's for the parties herein agreed that the arrears of rent in Rs.35,000/- can be deducted from the advance amount of Rs.60,000/- and remaining amount of Rs.25,000/- can be adjusted towards - 4 - HC-KAR NC: 2025:KHC:21058 W.P. No.35987/2019 maintenance, repairs and painting and in all Rs.60,000/- is completely adjusted and either of the parties cannot claim any amount against each other, same may be taken at record in the interest of justice and equity." 5. The said memo is taken on record. 6. Accordingly, the writ petition is disposed of in terms of the memo. The impugned order dated 25.02.2017 passed in Ex.P.No.13/2016 by the Addl. Civil Judge and JMFC at Hosakote, is set aside. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 69