- 1 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22404 OF 2025 (GM-CPC) BETWEEN: SRI. B.K. NAGARAJREDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 45 YEARS, R/AT BELLANDUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 103 …PETITIONER (BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. SMART WORKS CO-WORKS SPACES LTD., HAVING ITS REGISTERED OFFICE AT UNIT NO. 305-310, PLOT NO. 9,10 AND 11, VARDHAMAN TRADE CENTRE, NEHRU PLACE, NEW DELHI - 110 019 REPRESENTED BY AUTHORISED REPRESENTATIVE. 2. VAISHNAVI INFRASTRUCTURE PRIVATE LTD., HAVING ITS REGISTERED OFFICE AT NO.2/2, WALTON ROAD, OFF: VITTAL MALLYA ROAD, BENGALURU - 560 001. REPRESENTED BY AUTHORISED REPRESENTATIVE. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 3. SRI GOVINDACHARI, S/O LATE DASACHARI, AGED ABOUT 66 YEARS, RESIDING AT NO. 17/1, AMBALIPURA, AGARA POST, SARJAPUR ROAD, BENGALURU - 560 034. 4. SRI. B.K. KANTA REDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 47 YEARS, R/AT NO.31, 1ST AVENUE, SUBH ENCLAVE, HARALUR ROAD, OFF SARJAPUR ROAD, BENGALURU - 560 102. 5. SMT. RADHIKA, W/O LATE B.K. ANANTHA REDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 38 YEARS, R/AT BELLANDUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 186. 6. MASTER A. KUSHAL REDDY, S/O LATE MR. B.K. ANANTHA REDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 19 YEARS, R/AT BELLANDUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 186. 7. MISS VIDHYA A, D/O LATE MR. B.K. ANANTHA REDDY, S/O LATE KRISHNA REDDY, AGED ABOUT 16 YEARS, - 3 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 R/AT BELLANDUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 186. 8. MRS. BO.K. DHANALAKSHMI, W/O LATE K.S. UMESH, AGED ABOUT 41 YEARS, R/AT NO. 416, 21ST 'B' CROSS, 24TH MAIN, 2ND SECTOR, HSR LAYOUT, BENGALURU - 560102. …RESPONDENTS (BY SRI. C.K. NANDAKUMAR, SR. COUNSEL FOR SRI. SWAROOP S, ADVOCATE FOR C/R1; SRI. PRABHULING NAVADGI, SR. COUNSEL FOR SRI. KISHOR KUMAR, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 02.07.2025 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, BENGALURU (COMMERCIAL COURT) IN OS NO. 114/2024 ON IA NO. 3 FILED BY THE R1 UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 READ WITH ORDER XXXV FOUND AT ANNEXURE - A AND CONSEQUENTLY DIRECT THE R1 TO DEPOSIT THE RENTS AS PER THE ORDER PASSED BY THIS HONORABLE COURT IN WP NO. 11798/2024 DATED 5.7.2024 FOUND AT ANNEXURE - F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is defendant No.4 claiming to be aggrieved by the order of the concerned court that the concerned court directs deposit of rent from the date of the suit. Therefore, the petitioner is before this court. The concerned court has passed the following order: "24. To determine the deposit of rent, it is just and necessary to direct the plaintiff to calculate the rent as per terms of lease deeds dated 15.07.2022, 27.06.2022 and 27.09.2023 stated above. It is made clear that the ad. always open for liable for correction. variation subject to the outcome of the merits of the case. Hence, points for consideration are answered in Partly interim reliefs are Affirmative and pass the following: ORDER I.A.No.3 filed by the plaintiff under Section 151 R/W Order XXXV of Code of Civil Procedure is hereby allowed in part. Plaintiff is directed to calculate the rent payable to defendant No.2 to 8 as per lease deeds dated 15.07.2022, 27.06.2022 and 27.09.2023 and deposit the rent in the court with effect from 01.03.2024 by deducting already deposited amount within 7 days from the date of this order i.e. on or before 08.07.2025. I.A.No.4 filed by the plaintiff Under Order XXXIX Rules 1 and 2 R/W Section 94 of Code of Civil Procedure is allowed in part. - 5 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 Defendants are hereby restrained from causing obstruction to the plaintiff's peaceful possession and enjoyment of the suit schedule property or portion thereof without following due process of law. To file memo of Calculation of rent to be deposited by the plaintiff as per terms of lease deeds dated 15.07.2022, 27.06.2022 and 27.09.2023 Call on 03.07.2025. To report deposit of rent by the plaintiff in the court and to file affidavit of admissions and denials of the documents filed by both sides returnable by 08.07.2025." 2. Heard Sri.Sunil S. Rao, learned counsel for Sri. T. Seshagiri Rao, learned counsel appearing for the petitioner; Sri. C.K. Nandakumar, learned Senior counsel for Sri.Swaroop S., learned counsel appearing for caveat/respondent No.1 and Sri. Prabuling Navadgi, learned Senior counsel for Sri. Kishor Kumar, learned counsel appearing for caveat/respondent No.2 and have perused the material on record. 3. The learned counsel appearing for the petitioner to cut short the entire issue, submits that if a direction is issued to the concerned court to direct the respondents to deposit the rent in terms of the lease deed, it would suffice. - 6 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 4. The Coordinate Bench of this Court while disposing W.P.No.11798/2024 had observed as follows: "ORDER (i) The parties are directed to appear before the trial court without fail on the next date of hearing. The trial court shall dispose of the I.As. pending before it after hearing the parties concerned without being influenced by any of the observations made hereinabove and solely based upon the pleadings and materials placed before it; (ii) The parties shall co-operate with the trial court for expeditious disposal of the applications; (iii) The interim order passed by this Court on 24.04.2024 shall be in force till such decision that may be taken by the trial court on the IAs. pending before it; (iv) The petitioner shall deposit the amounts as ordered by this Court on 24.04.2024 by next date of hearing, if it has not been already deposited, failing which the interim protection granted by this Court in favour of the petitioner shall be automatically vacated; (v) The writ petition stands disposed of accordingly; (vi) Pending I.As., if any, stand disposed of. " 5. The Coordinate Bench had directed following of the order dated 24.04.2024. The order dated 24.4.2024 reads as follows: "Heard learned Senior counsel for the petitioner. Issue emergent notice to the respondents returnable by 12.06.2024. - 7 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner over the suit schedule property. In addition thereto, petitioner is permitted to deposit the rents payable by it before the trial court in terms of the lease deeds at Annexures-D, E and G dated 15.07.2022, 27.06.2022 and 27.09.2023 respectively. Re-list on 12.06.2024. Liberty is reserved in favour of respondents to seek vacation/modification of this order." The order was unequivocal that the rent could commence in terms of the lease deed. 6. In the light of the order that is already passed by the Coordinate Bench that the rent would commence in terms of the lease deed, the order of the concerned Court would run foul of the order of the Coordinate Bench. 7. In that light, I deem it appropriate to clarify that the rent would commence in terms of the lease deed and not from the date of the suit. 8. All this would remain subject to the adjudication pending before the concerned Court. - 8 - HC-KAR NC: 2025:KHC:37599 WP No. 22404 of 2025 Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 4