- 1 - NC: 2025:KHC:11313 WP No. 28238 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28238 OF 2024 (GM-CPC) BETWEEN: SRI B R SRIDHAR AGED ABOUT 54 YEARS S/O LATE SRI M.L RAMACHANDRAGOWDA R/O 401, SHREEM BREZEE APARTMENT 4TH FLOOR, VASANTHPURA MAIN ROAD OPP. TO RAYS MONTESSORI SCHOOL BIKASIPURA, SUBRAMANYAPURA BANGALORE-560061. …PETITIONER (BY SMT. NIREEKSHANA K EDA, ADVOCATE FOR SRI. SURESH BABU RAJ D., ADVOCATE) AND: 1. MRS S MOHAMMED AYUB S/O H. ABDUL SUBHAN AGED ABOUT 57 YEARS 2. MR.AKRAM PASHA.S S/O R SABHU AGED ABOUT 50 YEARS BOTH ARE RUNNING BUSINESS AT GROUND FLOOR PREMISES BEARING NO.741/34, 13TH CROSS WKP ROAD, JAYANAGAR, 7TH BLOCK BANGALORE-560082. …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11313 WP No. 28238 of 2024 (BY SRI. DAYALU K N., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 19.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 3.09.2024 PASSED BY XX ADDL CITY CIVIL AND SESSION JUDGE BANGALORE IN O.S.NO:2484/2022 DISMISSING THE IA NO. 2/23 FILED UNDER TRANSFER OF PROPERTY ACT R/W SECTION 151 OF CPC TO DIRECT THE RESPONDENTS/DEFENDANTS TO PAY ARREARS OF RENT TO THE TUNE OF 15,40,000 AS ON THE DATE OF FILING ALONG WITH THE ACCRUED INTEREST AS PER ANNEXURE-E 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 03.09.2024 passed by the XX Addl. City Civil & Sessions Judge, Bengaluru on I.A.No.II/2023 filed under Section 151 of CPC in O.S.No.2484/2022, whereby the Trial Court has dismissed the said application. - 3 - NC: 2025:KHC:11313 WP No. 28238 of 2024 2. The plaintiff filed the suit for ejectment. After issuance of suit summons, the defendant appeared through counsel and filed objections. During the pendency of the suit, the plaintiff filed I.A.No.II/2023 seeking for a direction to the defendants to deposit arrears of rent of Rs.15,40,000/- before the Court along with interest at 18% p.a. The defendants have filed objections to the said application stating that there is no amount due to be paid to the plaintiff. The Trial Court after hearing the parties, by impugned order has dismissed the application. Being aggrieved by the said order, the present petition is filed. 3. The Trial Court has dismissed the application filed by the plaintiff only on the ground that the plaintiff has not produced the memo of calculation to satisfy the court in respect of the amount due to be paid by the defendants. However, in the interest of justice and in order to give one more opportunity to the plaintiff, this Court is of the opinion that the impugned order is liable to be set aside. Accordingly, the following order is passed: - 4 - NC: 2025:KHC:11313 WP No. 28238 of 2024 ORDER a) The writ petition is allowed. b) The order dated 03.09.2024 passed by the XX Addl. City Civil & Sessions Judge, Bengaluru on I.A.No.II/2023 filed under Section 151 of CPC in O.S.No.2484/2022, is set aside. c) The Trial Court is directed to reconsider I.A.No.II/2023 filed by plaintiff and pass appropriate orders in accordance with law and as expeditiously as possible, after giving opportunities to both the parties. d) All the contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 23