Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:3018 WP No. 11862 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11862 OF 2023 (GM-CPC) BETWEEN:
SRI T SHANKARAPPA S/O BASAPPA AGED ABOUT 80 YEARS R/O BASAVESHWARA NILAYA DOOR NO 1645/15, TEACHERS COLONY VIDYANAGARA,DAVANGERE CITY -577004 …PETITIONER
(BY SRI. VIRUPAKSHAIAH P H., ADVOCATE) AND:
SRI. ERANNA S/O LATE BASAVARAJ TALIKOTE AGED ABOUT 46 YEARS R/AT DOOR NO 793/2, 12TH CROSS K.T. JAMBANNA NAGARA NITTUVALLI ROAD, DAVANGERE - 577002 …RESPONDENT
(BY SRI. CHETHAN A C., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 06/04/2023 ON IA NO II AND III IN REV (R) NO 1/2022 VIDE ANNEXURE-G PASSED BY THE I ADDL DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND CONSEQUENTLY DISMISS IA NO II FILED BY THE RESPONDENT VIDE ANNEXURE -B2 AND ALLOW IA NO III FILED BY THE PETITIONER VIDE ANNEXURE D IN REV(R) NO 1/2022 AND ETC. THIS PETITION, COMING ON FOR PRELIMINIARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:3018 WP No. 11862 of 2023
ORAL ORDER In this writ petition, the petitioner called in question the order dated 06.04.2023 passed by I Additional District and Sessions Judge, Davanagere in Rent Revision No.1/2022, whereby the application filed by the petitioner under Section 45 of the Karnataka Rent Act is dismissed. 2. The petitioner filed Eviction Petition in HRC No.3/2023 before the Principal Civil Judge at Davanagere against the respondent herein. The petition filed by the petitioner was allowed by order dated 24.01.2022. Being aggrieved by the same, the respondent herein filed Rent Revision No.1/2022 before the I Additional District and Sessions Judge, Davanagere. In the said revision petition, the petitioner has filed IA No.3 under Section 45 of the Karnataka Rent Act, 1999. The trial court has dismissed the application filed by the petitioner and permitted the respondent to deposit the arrears of rent of Rs.1,42,000/- within three months. - 3 -
NC: 2025:KHC:3018 WP No. 11862 of 2023
3. Now, the respondent has deposited the said amount before the revisional court.
Therefore, considering the validity of the impugned order would not arise in this case. 4. The only relief that can be granted is to direct the trial court to dispose of the revision petition expeditiously. 5. Accordingly, the following order is passed: (i) The writ petition is disposed of. (ii) The I Additional District and Sessions Judge, Davanagere is directed to dispose of Rent Revision No.1/2022 as expeditiously as possible, not later than four months from the date of receipt of a copy of this order. (iii) Both the parties are directed to co-operate for expeditious disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 70