- 1 - HC-KAR NC: 2025:KHC:30869 WP No. 33519 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33519 OF 2024 (GM-CPC) BETWEEN: SHELLY LATHER W/O RAJARAM S AGED ABOUT 41 YEARS, NO 05, 8TH MAIN, 4TH CROSS, PAPAIAH GARDEN, BANASHANKARI, 3RD STAGE, BANGALORE - 560 085 CLINIC AT M/S 20 SKN, A UNIT OF SRS WELLNESS SKIN AND HAIR CLINIC, NO 20, 1ST FLOOR OF PRINCETON COURT NO .372, 13TH CROSS, SADASHIVANAGARA, BANGALORE - 560 080. …PETITIONER (BY SMT. K. PUSHPALATHA., ADVOCATE FOR SRI. NARAYANA SWAMY V K.,ADVOCATE) AND: SUNITHA S J W/O J SATHYANARAYAN AGED ABOUT 54 YEARS, N 20, HEERACHAND LAYOUT, JEEVANAHALLI (COX TOWN) BANGALORE - 560 005. …RESPONDENT (BY SRI. SHIVAKUMAR MULLATTI.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30869 WP No. 33519 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.11.2024 PASSED ON IA NO.1/2024 IN O.S.NO. 25050/2024 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-73) AT ANNX-F BY IMMENSE OF AN APPROPRIATE WRIT OR ORDER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for the petitioner submits that as directed by this Court by order dated 10.12.2024, a sum of Rs.8,00,000/- has been deposited within the time stipulated. She further submits as per the further directions issued by this Court, the petitioner is ready and willing to deposit remaining arrears and would continue to pay the rent regularly. She submits the only grievance of the petitioner is the impugned order directing striking of the defence in the event of failure on the part of the petitioner/defendant to pay the rent. She submits that if that portion of the order is set aside, the purpose of filing the petition would be served. 2. Learned counsel for the respondent on the other hand vehemently submits that Rs.8,00,000/- which was directed to - 3 - HC-KAR NC: 2025:KHC:30869 WP No. 33519 of 2024 be deposited by this Court was arrears as on September 2024. He submits that on and after September 2024, the petitioner has not paid any amount till date which itself has aggregated in a sum of Rs.11,00,000/- at the rate of Rs.1,10,000 per month. 3. Learned counsel for the petitioner, in response submits given some time even the said arrears of rent will be deposited. 4. In that view of the matter, following: ORDER (i). Petition is partly allowed. (ii). Petitioner is directed to deposit the arrears of rent calculated at Rs.1,10,000/- per month from September 2024 till date within a period of ten weeks from today. (iii). The petitioner shall continue to pay the admitted rent of Rs.1,10,000/- per month on or before 10th of every month. (iv). The amount already deposited and to be deposited as above, shall be released in favour of the respondent/plaintiff subject to satisfaction of her identity. - 4 - HC-KAR NC: 2025:KHC:30869 WP No. 33519 of 2024 (v). In the light of the aforesaid payment to be made and undertaking given by the petitioner to pay the amount, the order of the trial Court directing striking of the defence is set- aside. (vi). It is however made clear should there be any default on the part of the petitioner in depositing the arrears of rents and further to continue to pay the admitted amount as directed hereinabove, the order passed by the trial Court shall stand revived. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 25