- 1 - NC: 2025:KHC:9987 WP No. 35648 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35648 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SAROJAMMA W/O LATE M DORESWAMY AGED ABOUT 64 YEARS 2. SRI.D.YUVARAJA S/O LATE M DORESWAMY AGED ABOUT 37 YEARS 3. SRI.D. GOPINATHA S/O LATE M DORESWAMY AGED ABOUT 35 YEARS ALL ARE RESIDING AT NO 67 ABBIGERE COLONY, CHIKKABANAVRA POST YESHWANTHPURA HOBLI BANGALORE NORTH TALUK BANGALORE - 560090. …PETITIONERS (BY SRI. INDU SHEKAR B T.,ADVOCATE) AND: SRI.NAGARJUN .C S/O R CHANDRA AGED ABOUT 36 YEARS RESIDING AT NO 86 1ST MAIN ROAD, NEAR RAMA TEMPLE, ABBIGERE BANGALORE- 560090 …RESPONDENT (BY SRI.MADHUKAR DESHANDE., ADVOCATE FOR C/R) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9987 WP No. 35648 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN S.C.NO.240/2024 PENDING ON THE FILE OF THE LEARNED XXIII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, BANGALORE (SCCH-25) AND SET SIDE / QUASH THE ORDER DATED. 02.12.2024 FOR HAVING REJECTED THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 21 READ WITH SECTION 151 OF CPC PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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-defendant Nos.1 to 3 challenging the order dated 02.12.2024 passed by the XXIII ASCJ & ACJM, Bangalore, on I.A. filed under Section 21 read with Section 151 of CPC in S.C.No.240/2024, whereby the Trial Court has rejected the said application. 2. The plaintiff filed the suit for ejectment. After appearance, the defendants filed application under Section 21 read with Section 151 of CPC seeking for dismissal of the suit on the ground that the Trial Court has no jurisdiction to try the suit. The Trial Court by impugned - 3 - NC: 2025:KHC:9987 WP No. 35648 of 2024 order has dismissed the application. Being aggrieved by the said order, the present petition is filed. 3. The specific contention of the defendants is that the plaintiff himself has stated that the rent fixed in respect of the suit schedule premises is Rs.2,000/- p.m. In view of provisions of Section 2(3)(e) of the Karnataka Rent Act, the suit before the Trial Court is not maintainable and it has to be tried before the HRC Court. 4. The learned counsel for the respondent-plaintiff has contended that as per the pleadings in the plaint, suit schedule premises has been constructed in the year 2010. In view of Section 2(3)(f) of the Karnataka Rent Act, suit is not amenable before the HRC Court. 5. The Trial Court while deciding the application has not given any finding on this aspect of the matter. Only relying on Section 4 of the Karnataka Rent Act, it has dismissed the application. The impugned order is not a speaking order and the same is passed without application of mind. - 4 - NC: 2025:KHC:9987 WP No. 35648 of 2024 On this ground alone, the impugned order is liable to be set aside. 6. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 02.12.2024 passed by the XXII ASCJ & ACJM, Bangalore on I.A. filed under Section 21 of CPC in S.C.No.240/2024, is set aside. c) The Trial Court is directed to reconsider the application filed under Section 21 of CPC in accordance with law, 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.: 30