- 1 - HC-KAR NC: 2026:KHC:2768 WP No. 24628 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24628 OF 2025 (GM-CPC) BETWEEN: 1. M/S SOUND FUSION A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.239, 10TH CROSS, 4TH MAIN, NRUPATHUNGA NAGAR BENGALURU – 560 072 REPRESENTED BY ITS PARTNER SRI NIRAV A. RAJANI EMAIL. nirav@soundfusion.in 2. SRI NIRAV A. RAJANI S/O AMRISH K. RAJANI AGED ABOUT 42 YEARS, PARTNER M/S SOUND FUSION, RESIDING AT B-805, BRIGADE PALM SPRINGS 24TH MAIN, JP NAGAR, 7TH PHASE, BENGALURU – 560 078 …PETITIONERS (BY SMT. SUPRITHA M. A., FOR SRI. RAWLEY MUDDAPPA I. P., ADVOCATES) AND: SRI PANKAJ SAMDARIYA S/O ZUMBERLALJI AGED ABOUT 50 YEARS RESIDING AT NO.34, 2ND FLOOR, MMM CASE, JM ROAD, BENGALURU – 560 042 EMAIL.silkhouseblr@gmail.com …RESPONDENT (BY SRI. H. MANJUNATH, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2768 WP No. 24628 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDERS ON IA NO. 1 DATED 24/04/2025 AND 04/08/2025 PASSED BY THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE. COMMERCIAL COURT, BENGALURU, IN COMM. O.S. NO. 1349/2024 (ANNEXURES B AND E) AND 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 defendants in Com.O.S.No.1349/29024 is directed against the impugned order passed on I.A.No.1 dated 24.04.2025 by the Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (for short “the Commercial Court”), whereby the said application filed by the respondent-plaintiff was allowed by the Commercial Court by directing the defendants to deposit admitted rents for the period from January, 2024 to 31.07.2024. 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent-plaintiff instituted the aforesaid suit against the petitioners-defendants for eviction/ejectment and arrears of rents - 3 - HC-KAR NC: 2026:KHC:2768 WP No. 24628 of 2025 and future mesne profit and for other reliefs. According to the petitioners, they have vacated and handed over vacant possession of the suit schedule premises on 31.07.2024. 4. Per contra, Learned counsel for the respondent contended that the petitioners had handed over the vacant possession of the suit schedule premises to the respondent-plaintiff during December-2024. Despite the aforesaid disputed question/issue that arose between the parties during the pendency of the suit before the Trial Court as to the actual date on which the petitioners had vacated and handed over vacant possession of the suit schedule premises to the respondent-plaintiff, the Trial Court without answering/addressing the said question/issue has proceeded to pass the impugned order allowing I.A.No.1. 5. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims as regards actual date of handing over vacant possession of the suit schedule premises by the petitioners to the respondent, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside - 4 - HC-KAR NC: 2026:KHC:2768 WP No. 24628 of 2025 the impugned order and dispose of I.A.No.1 filed by the respondent-plaintiff by directing the Trial Court to dispose of the main suit itself on merits and in accordance with law, on all issues/questions including the question/issue as to the actual date on which the petitioners vacated and handed over the vacant possession of the suit schedule premises to the respondent, in accordance with law, on or before 30.04.2026. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. All rival contentions on all aspects of the matter including the question/issue as to the actual date on which the petitioners handed over vacant possession of the suit schedule premises to the respondent are kept/left open to be decided by the Trial Court and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 60