Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 42918 (KAR)

SRI.S.RAJAGOPAL v. SRI.JAI CHAND KUMAR SAMDARIYA

WP/27834/2026 · 2026-09-22

K V Aravind

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010601162026 NC: 2026:KHC:52174 WP No. 27834 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27834 OF 2026 (GM-CPC) BETWEEN: 1. SRI. S. RAJAGOPAL S/O SUBBAIAH KONNAR, AGED ABOUT 61 YEARS, PRESENTLY RESIDING AT FLAT NO.904, 9TH FLOOR, SALARPURIA GREENAGE HIBISCUS BLOCK, B-WING, HOSUR ROAD, BOMMANAHALLI, BENGALURU - 560 068 (SENIOR CITIZEN BENEFIT NOT CLAIMED). …PETITIONER (BY SRI. RAVINDRANATH K., ADVOCATE) AND: 1. SRI. JAI CHAND KUMAR SAMDARIYA S/O MANIKCHAND AGED ABOUT 66 YEARS R/AT NO.10, GURUKRUPA 3RD FLOOR, 4TH CROSS SWATHI MAIN ROAD, SHANTHINAGAR, BENGALURU - 560 027. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010601162026 NC: 2026:KHC:52174 WP No. 27834 of 2026 2. SMT. SHANTHI R., D/O RAJAGOPAL AGED ABOUT 39 YEARS RESIDING AT FLAT NO.904, 9TH FLOOR, 'SALARPURIA GREENAGE', HIBISCUS BLOCK, B-WING, HOSUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. …RESPONDENTS (BY SRI. SANJAY H. SETHIYA, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORD FROM THE TRIAL COURT IN RESPECT OF OS.NO.2548/2022 ON THE FILE OF LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU AND ISSUE AN ORDER OF CERTIORARI OR DIRECTION OR WRIT QUASHING THE IMPUGNED ORDER DATED 10.07.2026 PASSED BY THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU ON I.A.NO.VII IN O.S.NO.2548/2022 VIDE ANNEXURE-A TO THE WRIT PETITION AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR CNR: KAHC010601162026 NC: 2026:KHC:52174 WP No. 27834 of 2026 ORAL ORDER Heard learned counsel appearing for the parties. 2. This petition is filed impugning the order dated 10.07.2026 passed in O.S.No.2548/2022, a suit filed for ejectment, recovery of arrears of rent, and damages in respect of the suit schedule property. 3. The petitioner herein appeared before the trial Court and filed the written statement, admitting the rental agreement, though certain averments made in the plaint were denied. The rival contentions pertain to the payment of rent through cheques and in cash. The trial Court, taking note of the admitted tenancy under the rental agreement dated 15.12.2018, directed the petitioner herein to deposit the arrears of rent and to continue to deposit the monthly rent before the Court on or before the 10th day of every month. The trial Court has also granted liberty to the petitioner to set off the rents already paid while calculating the arrears of rent. 4. When the relationship of landlord and tenant under the rental agreement dated 15.12.2018 is admitted and there are - 4 - HC-KAR CNR: KAHC010601162026 NC: 2026:KHC:52174 WP No. 27834 of 2026 arrears of rent, the direction issued by the trial Court cannot be said to be unjustified. No ground is made out for interference with the order of the trial Court. Accordingly, the writ petition stands dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 17