- 1 - HC-KAR NC: 2026:KHC:23913 WP No. 12097 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 12097 OF 2024 (GM-CPC) BETWEEN: 1. SRI.S.N. RAVICHANDRA, S/O LATE S. NAGASUBBARAMANYAM, AGED ABOUT 57 YEARS, RESIDING AT No.609, 99TH CROSS, 5TH MAIN, J P NAGAR, 3RD PHASE BANGALORE-560078. …PETITIONER (BY SRI SHANMUKH MAKAM, ADVOCATE FOR SRI VIVEKANANDA H. S., ADVOCATE) AND: 1. SRI.R. HARISH BABU, S/O LATE SRI RAMARAJU, AGED ABOUT 47 YEARS, R/AT No.99, 6TH MAIN, 2ND CROSS, J P NAGAR 3RD PHASE, BANGALORE-560078. 2. SRI S. R. MANIKANTA, S/O LATE S. R. RAMAMURTHY, AGED ABOUT 42 YEARS, R/AT No.44, RAMANASHREE ENCLAVE, BILEKALLI, BANNERGHATTA ROAD, BANGALORE-560076. 3. SRI SURESH SHAMANNA, S/O LATE SRI M SHAMANNA, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23913 WP No. 12097 of 2024 AGED ABOUT 55 YEARS, R/AT No.10, 3RD MAIN, J P NAGAR, 3RD PHASE BANGALORE-560078. 4. M/S NEXT COWORKS, REGISTERED OFFICE AT ALANKAR PLAZA, B K CIRCLE NAYAK LAYOUT, J P NAGAR, 8TH PHASE BANGALORE-560076, REPRESENTED BY ITS DIRECTOR SRI MANISH GUPTA. …RESPONDENTS (BY SRI SHERVIL ADAPPA, ADVOCATE FOR R3; SRI K.N. HEMACHANDRA, ADVOCATE FOR R4; R1 & R2 SERVED, UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OR SETTING ASIDE THE ORDER DATED 28.02.24 PASSED BY THE XIV ADDL. CITY CIVIL AND SESSION JUDGE, BANGALURU (CCH 288) IN OS No. 1292/21 ON THE APPLICATION FILED UNDER ORDER 39 RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION VIDE ANNEXURE-V FILED BY THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:23913 WP No. 12097 of 2024 ORAL ORDER Heard Sri Sai Shanmukh Makam, learned counsel appearing for Sri H.S. Vivekananda, learned counsel for the petitioner, Sri Shervil Adappa, learned counsel for respondent No.3 and Sri K.N. Hemachandra, learned counsel for respondent No.4. 2. This application was filed before the Trial Court seeking a direction to defendant No.4 to remit the arrears of rent amounting to Rs.57,46,200/-, maintenance charges of Rs.5,65,380/-, and future rent and maintenance charges. The Trial Court rejected the application on the ground that granting such a direction would amount to granting the main relief sought in the suit. 3. The prayer seeking a direction to deposit the arrears of rent cannot be granted, as the quantum of arrears is disputed by defendant No.4. However, it is not in dispute that respondent No.4, i.e., defendant No.4, continues to be in possession of the property in question and is not paying rent to either of the parties. Defendant No.4 is a tenant under the agreement dated 18.01.2019, and the period of licence is ten - 4 - HC-KAR NC: 2026:KHC:23913 WP No. 12097 of 2024 years. There is no material on record to indicate that the tenancy agreement has been terminated. Therefore, the only inference that can be drawn is that defendant No.4 continues as a tenant in the said premises. 4. In that view of the matter, the following: O R D E R (i) The writ petition is allowed in part by modifying the order of the Trial Court dated 28.02.2024. (ii) The defendant No.4 is directed to deposit rent commencing from the month of April 2026, along with all maintenance charges, before the Trial Court. (iii) The deposit of rent shall be made on or before the 10th day of every succeeding month. (iv) No order as to costs. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 12