- 1 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13612/2022 (GM-CPC) BETWEEN: SRI. BISHNU KUMAR AGARWAL AGED 33 YEARS S/O LATE KAILASH PRASAD AGARWAL NO.18, 1ST FLOOR 11TH CROSS, CUBBONPET BENGALURU-560002. …PETITIONER (BY SRI. SANTHOSH KUMAR G, ADV.,) AND: SRI. VISHAL RAJ BHANSALI MAJOR PROPRIETOR M/S PYRAMID SYSTEMS NO.18, GROUND FLOOR 11TH CROSS, CUBBONPET BENGALURU-560002. …RESPONDENT (BY SRI. SRIPAL J. SANGHVI, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 23.11.2021 PASSED BY THE HONBLE XXVII ADDITIONAL CIVIL AND SESSIONS JUDGE, AT BENGALURU, IN O.S.NO.3426/2020 IN SO FAR AS IT RELATES TO INTERLOCUTORY APPLICATION FILED U/S 151 OF CPC VIDE ANNEXURE-A & ETC. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 23.11.2021 passed in O.S.No.3426/2020 by the XXVII Additional City Civil Judge, Bengaluru (for short, 'the Trial Court'). 2. Sri.Santhosh Kumar G., learned counsel for the petitioner submits that the petitioner has filed a suit against the respondent for ejectment as well as arrears of rent at the rate of Rs.38,568/- p.m. from 01.04.2019 to 01.06.2020 and for other reliefs. In the said suit, an application under Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') is filed seeking to pay the arrears of rent. The Trial Court deferred the consideration of the said application without any justifiable reason. It is submitted that the suit filed before the City - 3 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 Civil Court is transferred to the Commercial Court and now the suit is at the stage of trial and if the respondent who is a tenant in the premises of the petitioner does not pay the rent as claimed in the application, injustice and hardship would be caused to the petitioner. Hence, he seeks to allow the petition. 3. Per contra, Sri.Sripal J.Sanghvi, learned counsel for the respondent supports the order of the Trial Court and submits that the Trial Court though deferred the consideration of the application, what is required to be noticed is that the respondent has not admitted that he is in arrears of Rs.8,48,496/- as claimed, based on the assertion that the monthly rent is Rs.38,568/-. It is submitted that the respondent was inducted as a tenant by the petitioner's vendor and he used to pay the rent of Rs.12,000/- p.m. and a false claim is made by the plaintiff with regard to the arrears of rent and the rent what he used to pay is regularly paid and hence, there is no - 4 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 arrears of rent as such. Hence, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioner, the learned counsel for the respondent and meticulously perused the material available on record. 5. The petitioner herein has filed O.S.No.3426/2020 before the City Civil Court, Bangalore, seeking the relief of judgment and decree against the defendant to quit, vacate and deliver the vacant physical possession of the suit schedule premises, further relief to pay the arrears of rent of Rs.38,568/- p.m. commencing from 01.04.2019 to 01.06.2020 and other reliefs. The respondent-tenant has filed a written statement denying the assertions made in the plaint. Thereafter, in the said suit, the petitioner has filed an application under Section 151 of the CPC, seeking a direction to the defendant to pay the arrears of rent in a sum of Rs.8,48,496/- due from - 5 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 April 2019 to October 2020 and further direction to pay further rent from November 2020 till the disposal of the suit. The said application was opposed by the respondent. The averments made in the affidavit accompanying the application indicates that the plaintiff asserts that the defendant is a tenant in the suit schedule premises on a monthly rent of Rs.38,568/- p.m. excluding the power and water consumption charges. It is contended that the defendant is not paying the agreed rent. The material on record indicates that the plaintiff has failed to place any material before the Commercial Court or before this Court to substantiate the fact that the agreed rent between the parties is Rs.38,568/-. In the absence of such adjudication with regard to the actual rent payable by the defendant, there cannot be any direction to the defendant to pay the arrears of rent of Rs.8,48,496/- claimed in the application based on the premise that monthly the rent is Rs.38,568/-. In my considered view, the Trial Court has rightly deferred the application. However, instead of - 6 - HC-KAR NC: 2026:KHC:22329 W.P. No.13612/2022 deferring the application, the Trial Court is required to consider the suit on merits including the relief of arrears of rent as already sought in the said suit. Hence, I am of the view that the writ petition is required to be disposed of by dismissing the application for arrears of rent sought by the petitioner. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is disposed of. (ii) I.A.No.3 filed by the petitioner is rejected. (iii) The Trial Court/Commercial Court shall make an endeavour to dispose of the suit as expeditiously as possible without any delay. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 27