- 1 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5717 OF 2025 (GM-CPC) BETWEEN: SRI HEMANTH KUMAR J S/O SRI JAYARAM, AGED ABOUT 32 YEARS HAVING BUSINESS AT "HOME DECOR STUDIO", 1ST FLOOR, SHOP PREMISES BUILDING BEARING DOOR NO.57/C, 2ND STAGE, TELECOM LAYOUT, BOGADI, MYSURU. RESIDING AT EWS11, HUDCO 3RD STAGE, HANUMANTHANAGARA, BANNIMANTAPPA, MYSURU-570015. …PETITIONER (BY SRI. Y V PRAKASH, ADVOCATE) AND: SMT.PARVATHI W/O LATE VISHWESHVARAIAH.K, AGED ABOUT 71 YEARS, RESIDING AT D.NO.280, 15TH MAIN, 6TH CROSS, SARASWATHIPURAM, MYSURU - 570 009. …RESPONDENT (BY SRI. DHANANJAY B C., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 18.07.2024 PASSED ON I.A.NO.5 AND 25.11.2024 PASSED ON I.A.NO.7 PASSED IN O.S.NO. 1955/2022 BY THE COURT OF 11TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU AS PER ANNEXURES-F AND K RESPECTIVELY AND REJECT I.A.NO.5 FILED BY THE RESPONDENT BY ALLOWING I.A.NO.7 OR PASS OTHER SUITABLE ORDERS BY ALLOWING THIS WRIT PETITION, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendant in O.S.No.1955 of 2022 on the file of the XI Additional Civil Judge and J.M.F.C., Mysuru is directed against the impugned order dated 18.07.2024, whereby, the application-I.A.No.5 filed by respondents under Section 151 of CPC was partly - 3 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 allowed thereby directing the petitioner to deposit rent at Rs.23,000/- (Rupees Twenty Three Thousand only) per month as directed in the order. 2. Learned counsel for the respondent submits that the petitioner has not handed over vacant possession of the suit schedule premises even till today and that the petitioner is liable to pay arrears of rent till he vacates and hands over vacant possession of the suit schedule premises to the respondent. 3. By way of reply, learned counsel for the petitioner submits that the petitioner had filed a memo before the Trial Court to the effect that the respondent had put a lock on the suit schedule premises on 13.01.2023 and was preventing the petitioner from occupying the suit schedule premises from that date and that petitioner was not liable to pay rent to the respondent. - 4 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 4. Per contra, learned counsel to the petitioner would refute the contentions putforth by the respondent and submit that he has no objection for the respondent to take over vacant possession of the suit schedule premises after duly notifying the petitioner and in the presence of the petitioner and the issue/question as to arrears of rent may be kept open to be decided by the Trial Court by setting aside the impugned order. 5. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to set aside the impugned order and dispose of I.A.No.5 by issuing certain directions. Hence, I pass the following: ORDER i) Writ Petition is hereby disposed of. ii) The impugned order dated 18.07.2024 passed in O.S.No.1955 of 2022 by the XI Additional Civil - 5 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 Judge and J.M.F.C., Mysuru is also hereby set aside. iii) I.A.No.5 of 2024 filed by the respondent/plaintiff related is disposed of permitting the respondent/ plaintiff to take over vacant possession of the suit schedule premises by breaking open the lock in the presence of the petitioner within a period of one week from today. iv) It is further directed that upon the respondent/ plaintiff breaking open the lock and taking over vacant possession of the suit schedule premises as stated supra, the petitioner/defendant shall be entitled to remove his belongings after conducting the necessary inventory and the memo in this regard is to be filed before the Trial Court. v) All rival contentions between the parties including the contention as to the arrears of rent payable by the petitioner to the respondent are kept open to - 6 - HC-KAR NC: 2026:KHC:2838 WP No. 5717 of 2025 be decided by the Trial Court, in accordance with law, at the time of final disposal of the suit. vi) The Trial Court is directed to dispose of the suit as expeditiously as possible and both parties are directed to co-operate with the Trial Court for expeditious disposal of the suit. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 15