- 1 - HC-KAR NC: 2025:KHC:29061 WP No. 16191 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 16191 OF 2024 (HRC) BETWEEN: SRI M. RAMACHANDRAIAH. AGED ABOUT 68 YEARS, S/O SRI M.R. BHEEMAIAH SETTY, NO.18, PART OF THUPPADA ANJANEYA SWAMY TEMPLE TRUST PROPERTY BANAGLROE-560 053 R/AT NO.6, N.P.LANE, COTTONPET BENGALURU-560 053. …PETITIONER [BY SRI ANNAIAH C.V., ADVOCATE (PH)] AND: 1. 2. 3. 4. SRI THUPPADA ANJANEYA SWAMY TEMPLE TRUST NO.18, RANGASWAMY TEMPLE STEET, AVENUE ROAD, CROSS, BENGALURU - 560 053, A REGISTERED TRUST, REP. BY IS TRUSTEETS SRI A.R. SRINIVASACHAR AGED ABOUT 82 YEARS, S/O ALTE SRI A. RAMACHAR ASRI A.R. SUDARSHANACHAR, AGED ABOUT 72 YEAERS, S/O LATE SRI A. RAMACHAR SRI A.R. JAGANATHACHAR, AGED ABOUT 69 YEARS, S/O LATE SRI A. RAMACHAR, SRI A.R. RANGANATHACHAR, AGED ABOUT 57 YEARS, S/O LATE SIR A.RAMACHAR, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29061 WP No. 16191 of 2024 ALL ARE AT NO.C-70, NEW NO.20, MARUTHI COMPLEX, RANGANTHASWAMY TEMPLE STREET BEGNALURU-560 053. …RESPONDENTS [BY SRI B.N. JAYADEVA, ADVOCATE FOR C/R1 (PH)] THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT, ORDER IN THE NATURE OF CERTIORARI IN QUASHING THE IMPUGNED ORDER DATED 29-2-2024 PASSED BY THE CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU IN H.R.C.NO.55/2019 ALLOWING THE APPLICATION FILED THE RESPONDENTS HEREIN UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF CPC, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This petition is filed seeking following reliefs: "(a) Issue a writ, order in the nature of certiorari in quashing the impugned order dated 29.02.2024 passed by the Chief Judge, Court of Small Causes, Bengaluru in H.R.C.No.55/2019 allowing the application filed by the respondents herein under Order VI Rule 17 read with Section 151 of CPC, vide Annexure-'A'; (b) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in facts and circumstances of the case, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:29061 WP No. 16191 of 2024 2. Sri C.V. Annaiah, learned counsel for petitioner submits that this petition is by respondent in HRC.no.55/2019 filed by respondent - Trust herein before Chief Judge, Court of Small Causes and Member, Prl. MACT, Bengaluru (SCCH-1), ('Rent Court' for short) for eviction of petitioner from a portion of property belonging to Sri Anjaneya Swamy Temple, Sri Rangaswamy Temple Street, Avenue Road Cross, Bangalore, bearing shop no.18. It was submitted that description of shop premises was given as East to West 11 feet 3/4 inches and North to South 14 feet with boundary description. 3. It was submitted that at stage of evidence, Trust had filed I.A.no.V under Order VI Rule 17 read with Section 151 of CPC for rectification of typographical error in so far as measurement of premises on North to South side. Though application was opposed on ground that same would substantially alter nature of proceedings, under impugned order, Rent Court allowed application. Aggrieved, petitioner filed this writ petition. 4. Sri B.N. Jayadeva, learned counsel for caveator - Trust submits that error sought to be rectified was - 4 - HC-KAR NC: 2025:KHC:29061 WP No. 16191 of 2024 typographical and on appreciation of same, application was rightly allowed by Rent Court. It was also submitted that along with said application, Trust had also filed I.A.no.VI under Order XXIII Rule (1)(3) (a) and (b) read with Section 151 of CPC, for dismissal of petition with liberty to file fresh petition on same cause of action, as petition suffered from technical defect. It was submitted that Trust was neither being permitted to withdraw petition and file fresh petition nor pursue petition by amending error and proceedings were being dilated. 5. In reply, learned counsel for petitioner submitted that he has no objection for permitting Trust to withdraw petition with liberty to file fresh eviction petition. 6. Heard, learned counsel for parties and perused writ petition record. 7. In view of above submission and as counsel for Trust submitted that Trust would be satisfied if it is permitted to pursue either present petition on amendment or withdraw it with liberty to file fresh eviction petition, instead of keeping writ petition pending, it would be appropriate to dispose of writ - 5 - HC-KAR NC: 2025:KHC:29061 WP No. 16191 of 2024 petition by setting-aside order on I.A.no.V and allowing I.A.no.VI. 8. Accordingly, writ petition is disposed of, setting aside order on I.A.no.V and allowing I.A.no.VI, permitting respondent - Trust to file fresh eviction petition on same cause of action. Parties to report this order to Rent Court for closure of present proceedings. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 35