- 1 - HC-KAR NC: 2025:KHC:40973 WP No. 30887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30887 OF 2025 (GM-CPC) BETWEEN: SRI BERNARD VINNETH, S/O. B. J. A. VIJAY KUMAR, AGED ABOUT 28 YEARS, R/AT VINTAGE PRIME APARTMENT, NO. 13, FLAT NO.T-3, 4TH FLOOR, 4TH B MAIN ROAD, HBR LAYOUT, 4TH BLOCK, BENGALURU - 560 043, CONSISTING OF THE RESIDENTIAL APARTMENT 4TH FLOOR, 2BHK X 1. …PETITIONER (BY SRI KALYAN R.,ADVOCATE) AND: SRI ARJUN PATYAM RAMGOPAL, S/O. PATYAM RAMGOPAL, AGED ABOUT 47 YEARS, R/AT FLAT NO.3B, REGENCY HAMSA APARTMENTS, NO.10, LLOYD ROAD, COOKE TOWN, BENGALURU - 560 005. …RESPONDENT (BY DR. VIDYA SELVAMONY, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.08.2025 PASSED ON IA.NO.III FILED UNDER ORDER XXXIX RULE 9 OF CPC IN O.S.NO.3082/2024 BY XXIV ADDLITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AS PER ANNEXURE-A. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40973 WP No. 30887 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner and learned counsel for caveator/respondent. 2. This petition is filed by the petitioner-defendant No.4 to set aside the impugned order dated 11.08.2025 passed on IA.No.III filed under Order XXXIX Rule 9 of CPC in O.S.No.3082/2024 by XXIV Additional Sessions Judge, Bengaluru. 3. Registry has raised the objection regarding the maintainability of this petition, in view of the provisions under Order XLIII Rule 1(r) of CPC. 4. Learned counsel for petitioner-defendant No.4 submits that the plaintiff has filed IA.No.III under Order XXXIX Rule 9 of CPC and the said application came - 3 - HC-KAR NC: 2025:KHC:40973 WP No. 30887 of 2025 to be allowed by the trial Court, which is the subject matter of this petition. 5. Apparently, it is seen that the prayer made in the application is to direct defendant No.4 to deposit all the rent due in the Court, in the interest of justice and equity. 6. Learned counsel for respondent/caveator submits that she committed a mistake and error in mentioning the correct provision of law while filing an application in IA.No.III, wherein it is mentioned as Order XXXIX Rule 9 of CPC instead of Order XXXIX Rule 10 of CPC. No doubt mentioning of the provision is wrong, but the prayer that is sought in the petition is to deposit all the rent due in the Court, which squarely comes within the provisions of Order XXXIX Rule 10 of CPC. 7. Considering the averments made in the application and the prayer sought, the trial Court should have taken it as an application filed under Order XXXIX Rule 10 of CPC, - 4 - HC-KAR NC: 2025:KHC:40973 WP No. 30887 of 2025 whereas it has not given importance to these minute details, which is an error committed by the respondent. 8. Learned counsel for petitioner disputes his liability to pay the rent. 9. All these aspects cannot be gone into by this Court; when the petition itself is not maintainable, the petitioner will have to agitate all these issues before the relevant Forum and the Court. 10. Considering the application to be filed under Order XXXIX Rule 10 of CPC, the objection raised by Registry is sustained. Hence, this petition would not be maintainable. 11. At this stage, learned counsel for petitioner seeks leave of this Court to permit him to convert this petition into first appeal. 12. He is permitted to do so. - 5 - HC-KAR NC: 2025:KHC:40973 WP No. 30887 of 2025 Accordingly, this Writ Petition is disposed off for statistical purposes. The respondent/caveator could be shown, if any appeal is filed by the petitioner. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 18 CT: BHK