- 1 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100868 OF 2024 (GM-CPC) BETWEEN: SHRI. MOHAMMAD ARSHAD, S/O. MOHAMMADSAB SHAIKH, AGE: 32 YEARS, OCC: BUSINESS, R/O. SHOP NO.6, 7 AND 8 OUT OF CTS NO.3021/A, KHADE BAZAR, BELAGAVI, ALSO RESIDENT OF PLOT NO.6, 1ST CROSS, VEERBHADRA NAGAR, BELAGAVI-590016. …PETITIONER (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. SHRI GAJANAN S/O. CHANDRASHEKHAR KALAL, AGE: 64 YEARS, OCC: BUSINESS, R/O. H.NO.680, MAIN ROAD, SAMPAGAON VILLAGE, BAILHONGAL, BELAGAVI-598068. 2. SHRI NARAYAN S/O. CHANDRASHEKHAR KALAL, AGE: 55 YEARS, OCC: BUSINESS, R/O. H.NO.680, MAIN ROAD, SAMPAGAON VILLAGE, BAILHONGAL, BELAGAVI-598068. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 3. SMT. HASEENA W/O. MOHAMMADSAB SHAIKH, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O. SHOP NO.6, 7 AND 8 OUT OF CTS NO.3021/A, KHADE BAZAR BELAGAVI-590016. 4. SHRI SURYAKANT S/O. SANGAPA KALYAN, AGE: 57 YEARS, OCC: BUSINESS, R/O. SHOP NO.6, 7 AND 8 OUT OF CTS NO.3021/A, KHADE BAZAR, BELAGAVI-590001, ALSO RESIDENT OF CTS NO.2293, BHOI GALLI, BELAGAVI-590001. …RESPONDENTS (BY SMT. CHETANA S. BIRAJ, ADVOCATE FOR R1; NOTICE TO R2-R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 26/10/2023 PASSED ON I.A.NO.15 IN O.S.NO.138/2018 (OLD O.S. NO.479/2015) BY THE LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BELAGAVI, VIDE ANNEXURE-G, AND TO DISMISS THE I.A.NO.15, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents No.2 to 4 is dispensed with in view of the proposed order to be passed. - 3 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 2. The petitioner is before this Court seeking the following reliefs: A) Issue a writ in the nature of Certiorari quashing the impugned Order dated 26/10/2023 passed on I.A.No.15 in O.S.No.138/2018 (old O.S. No.479/2015) by the learned IV Additional Senior Civil Judge and JMFC, Belagavi, vide ANNEXURE-G, and to dismiss the I.A.No.15. B) Issue any other writ or direction deemed fit by this Hon’ble Court in the interest of justice and equity. 3. A suit in O.S.No.479/2015 had been filed before the Principal Civil Judge, Belagavi seeking for the following reliefs: "a] Directing the defendants to vacate and hand over the suit property by removing all his belongings b] Any other relief/s to which the plaintiffs are found entitled. c] Cost of the suit be awarded.” 4. Subsequently, the said suit came to be renumbered as O.S.No.138/2018 and came to be transferred to IV Additional Senior Civil Judge, Belagavi. In the said suit, an application in - 4 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 I.A.No.15 had been filed by the plaintiffs/landowner on 17.09.2022, seeking for a direction to the respondent/tenant to deposit the rentals from October-2014 till date as also the future rental amount. The trial Court vide impugned order dated 26.10.2023 allowed the said application directing defendants to deposit a sum of Rs.6,000/- per month from October-2014 till disposal of the case. It is challenging the same, the petitioner is before this Court. 5. One other tenant had filed a similar writ petition in WP No.101454/2024, which came to be disposed of vide order dated 21.03.2024 by holding that there is a dispute regarding the ownership of the suit property and as such, the trial Court was not justified in directing the lessee to deposit rent from the date of the suit and in that background had modified the order passed by the trial Court from the date of filing of I.A.No.15 i.e., - 5 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 17.09.2022 till date and continue to deposit future rentals month on month as a interim measure. The said order would be equally applicable to the present matter. 6. Shri Dinesh M.Kulkarni, learned counsel appearing for the petitioner submits that due amount from 17.09.2022 at the rate of Rs.6,000/- as fixed by the trial Court will be deposited within a period of four weeks from today. 7. His submission is placed on record. 8. Hence, I pass the following: ORDER i. Writ petition is disposed of directing petitioner to deposit rent in respect of suit premises before trial Court from date of filing of I.A.No.15 i.e. 17.09.2022 till date and continue to deposit it till disposal, subject to final outcome of the suit. - 6 - NC: 2025:KHC-D:478 WP No. 100868 of 2024 ii. Insofar as claim of defendant-petitioner herein about having paid rent to his lessor for earlier period, same would require to be established before trial Court and it is directed to adjudicate whether defendant- petitioner herein is liable to pay rent in respect of earlier period to present plaintiff herein, while passing final judgment. iii. Until then, direction to deposit rent as above shall be only as an interim measure, without prejudice to contentions of either of parties. iv. Both parties are directed to co-operate for early disposal of suit. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 39