- 1 - HC-KAR CNR: KAHC010027692023 NC: 2026:KHC:46929 W.P. No.1094/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.1094/2023 (GM-CPC) BETWEEN: 1. SRI. P.R. ADITYA DESIKHAN S/O SRI. RAVIPRAKASH P.R. AGED ABOUT 34 YEARS. 2. SMT. P.R. ANJANA D/O SRI. RAVIPRAKASH P.R. AGED ABOUT 32 YEARS. BOTH ARE R/AT NO.1922/10 SWAMY VIVEKANANDA EXTENSION DAVANGERE CITY - 577004. …PETITIONERS (BY SRI. RUDRAPPA P, ADV.,) AND: 1. SRI. GOVINDA RAO .G S/O LATE GOPAL RAO AGED ABOUT 62 YEARS RAILWAY EMPLOYEE R/AT NO.55, RAILWAY QUARTERS GADAG - 582101. 2. SRI. RAVIPRAKASH P.R. S/O LATE P.N. RAMASWAMY AGED ABOUT 60 YEARS BUSINESSMAN, R/AT NO.1922/10 Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010027692023 NC: 2026:KHC:46929 W.P. No.1094/2023 SWAMY VIVEKANANDA EXTENSION DAVANGERE - 577004. …RESPONDENTS (BY SMT. SHRUTHI S.P. ADV., FOR R1 SRI. VENKATARAMA REDDY V, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, DAVANAGERE, DTD 21.11.2022, IN OS.NO.444/2018, VIDE ANNEXURE-J ON I.A. U/S 43 OF THE KARNATAKA RENT ACT, 1999 R/W SECTION 151 OF CPC FILED BY THE PETITIONERS (PRODUCED AT ANNEXURE-F). DIRECT THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, DAVANGARE, TO ALLOW I.A.NO.6 FILED BY THE PETITIONERS U/S 43 OF THE KARNATAKA RENT ACT, 1999 R/W SECTION 151 OF CPC IN O.S.NO.444/2018 PRODUCED AT ANNEXURE-F & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010027692023 NC: 2026:KHC:46929 W.P. No.1094/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 21.11.2022 passed on I.A.No.6 in O.S.No.444/2018 by the Principal Civil Judge and JMFC, Davangere (for short, ‘the trial Court’). 2. Heard Sri.Rudrappa P., learned counsel for the petitioners; Smt.Shruthi S.P., learned counsel for the respondent No.1; Sri.Venkatarama Reddy V., learned counsel for respondent No.2 and perused the material available on record. 3. Respondent No.1 filed a suit in O.S.No.444/2018 against the respondent No.2 and the petitioners seeking judgment and decree for eviction and recovery of arrears of rent. In the said suit, petitioners, who were arrayed as defendant Nos.2 and 3, have filed an application under Section 43 of the Karnataka Rent Act, 1999 read with Section 151 of the Code of Civil Procedure, - 4 - HC-KAR CNR: KAHC010027692023 NC: 2026:KHC:46929 W.P. No.1094/2023 1908, (for short, 'the CPC') seeking prayer to stop all further proceedings mainly on the ground that the title of the plaintiff is under dispute and there is a dispute regarding the relationship between the landlord and tenant. 4. It is to be noticed that the petitioners have filed the suit in O.S.No.330/2020 against the respondents herein seeking the relief of partition. The contention of the petitioners is that when the suit for partition is pending, the suit for eviction and arrears of rent with regard to the same property cannot be proceeded further. 5. It is to be noticed that the respondent No.2 had sold the suit schedule property in favour of respondent No.1 herein vide registered sale deed dated 13.07.2006. The trial Court, taking note of the aforesaid aspect, has held that the assertion of the defendants in the suit that there is a dispute with regard to the title and relationship of landlord and tenant is not a bona fide contention and - 5 - HC-KAR CNR: KAHC010027692023 NC: 2026:KHC:46929 W.P. No.1094/2023 only to drag on the proceedings the application is filed. I do not find any error or perversity in the impugned order calling for interference in the present petition. The writ petition is devoid of merits and the same is accordingly rejected. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 36