- 1 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33941 OF 2025 (GM-CPC) BETWEEN: MR. NAVEEN BALAKRISHNAN SUGUMARAN, AGED ABOUT 33 YEARS, S/O SUGUMARAN B., RESIDING AT 4, VA.PA MANGALAM SOMASUNDARAM STREET THIRUVARUR, TAMIL NADU – 610 001 …PETITIONER (BY SRI. MONICA PATIL, ADVOCATE) AND: 1. SHAILESH GOPALAKRISHNA KAMAT AGED ABOUT 49 YEARS S/O GOPALKRISHNA S. KAMATH, RESIDING AT FLAT NO. C-209 SATELLITE TOWNSHIP, PIPELINE ROAD, JEEDIMETIA VILLAGE, HYDERABAD – 500 067 2. MRS. LAKSHMI VAIDHEHI AGED ABOUT 31 YEARS D/O PALANLAPPAN, RESIDING AT DOOR NO.34, 4TH CROSS, 2ND STREET EXTN., RAINBOW NAGAR, PONDICHERRY – 605 011 CURRENTLY RESIDING AT FLAT NO.322, TRINITY APARTMENT, BASAVANPURA, K.R. PURAM BENGALURU – 560 036. …RESPONDENTS (BY SRI. ROHITH R. KAMATH, ADVOCATE FOR R1; SMT. R. SANKARI, ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE EX-PARTE ORDER DATED 13.10.2025 PASSED BY THE HON’BLE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 05) IN O.S. NO. 7141/2025 IN I.A. NO.1/2025 FILED UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 THEREBY DIRECTING THE PETITIONER TO DEPOSIT RS.2,84,190/- (RUPEES TWO LAKHS EIGHTY-FOUR THOUSAND ONE HUNDRED AND NINETY ONLY) AS ARREARS OF RENT WITHIN 15 DAYS FROM THE DATE OF RECEIPT OF THE ORDER AND CONSEQUENTLY, DIRECT RECONSIDERATION OF LA NO.1/2025 WITH DUE HEARING OF THE PETITIONER (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The defendant No.1 in O.S.No.7141/2025 is before this Court, aggrieved by the impugned order dated 13.10.2025 passed by the IX Additional City Civil and Sessions Judge, Bengaluru, whereby the application I.A.No.1 filed by the respondent No.1- plaintiff for a direction to the petitioner-defendant No.1 and respondent No.2 - defendant No.2 to deposit a sum of Rs.2,84,190/- was allowed ex-parte by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 3. A perusal of the material on record will indicate that the respondent No.1 - plaintiff instituted the aforesaid suit against the petitioner-defendant No.1 and respondent No.2-defendant No.2 (husband and wife respectively) for possession, arrears of rent etc. Along with the suit, the respondent No.1-plaintiff filed an application I.A.No.1 for temporary mandatory injunction directing the petitioner – defendant No.1 and respondent No.2- defendant No.2 to pay the arrears of rent in a sum of Rs.2,84,190/-. By the impugned ad interim ex-parte order of temporary mandatory injunction, the trial Court allowed the said application by holding as under: “The suit of the plaintiff is one for delivery of possession from the side of the defendants towards the plaintiff and further also for the arrears of the rent and mean profits. The application was filed u/Sec. 151 of the CPC in order to pass an interim order directing the defendants or any persons claiming under the defendant from depositing the arrears of the rent amounting to Rs.2,84,190/- in the court or pay the same to the plaintiff within the stipulated period. The application is supported by the memorandum of the fact wherein the counsel for the petitioner contended that the defendant No.1 is a tenant under the plaintiff and as per the rent agreement dated 28.10.2022 the defendant No.1 and 2 are in possession of the Schedule property. However, in view of the differences of opinion in between the - 4 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 defendant No. 1 and 2, defendant No.1 has already vacated the premises and further defendant No.2 still in continuation of the Schedule premises. However, has not paid the arrears of the rent in spite of the specific notices. Even she also admitted through e-mail that they will vacate the premises within the month of two or three by the e-mail dated 30.09.2024. However, even after 3 months they have not vacated the premises. Therefore, a legal notice was issued on 13.11.2024 calling upon the defendant No.1 and 2 in order to vacate the premises and to pay the arrears of the rent and maintenance charges. The said notice was duly served to the defendants. However, they have not turned up therefore, the present suit has been filed along with the application for the arrears of the rent. According to the plaintiffs the defendant is liable to pay an amount of Rs.2,84,190/- from October 2024 till August 2025. Accordingly, prayed to allow the application. Though the defendant has not appeared before the court. The documents placed by the plaintiff shows that the plaintiff has entered into an agreed for rent along with the defendant No.1 for a period of 11 months from 28.10.2022 is clear from document No. 1. The title of the plaintiff over the Schedule property is clear from document No.2 sale deed dated 06.08.2016. The statement of accounts produced clearly shows at the initial time defendant was paying the rents and further after August 2024 they failed to pay the amount. Notice to vacate was also issued and served to the defendants. This itself show that the plaintiff has already terminated the tenancy and as per the calculations the - 5 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 defendant is liable to pay the amount as contended in the application. Further no harm will be caused to the defendant if at all the application is allowed and if he is directed to deposit the amount before the court. Accordingly, I proceed to pass the following: ORDER I.A. u/Sec. 151 of the CPC is hereby allowed. The defendant is directed to deposit the arrears of the rent to the tune of Rs.2,84,190/- within 15 days from the date of receipt of this order. Issue emergent notice on I.A. No. 1 and 2 and plaint and suit summons to the defendants through court, if PF paid. Returnable by” 4. Learned counsel for the petitioner submits that the petitioner has entered appearance in the suit and intends to contest not only the suit but also the application I.A.No.1 and the trial Court committed an error in not providing an opportunity to the petitioner to contest suit and I.A.No.1 and as such, the impugned order may be set aside and the matter remitted back to the trial Court for reconsideration afresh in accordance with law. 5. Per contra, learned counsel for the respondent No.1- plaintiff would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed. 6. Learned counsel for the respondent No.2 - defendant No.2 submits that if the impugned order is set aside and the matter - 6 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 is remitted back to the trial Court for reconsideration of I.A.No.1 afresh in accordance with law, the respondent No.2/defendant No.2 would also file a written statement and objections to I.A.No.1 and the trial Court can proceed further in the matter. 7. As rightly contented by the learned counsel for the petitioner, the application for temporary mandatory injunction I.A.No.1 filed by the respondent No.1 - plaintiff was summarily allowed by the trial Court which passed an ad interim ex-parte order of temporary mandatory injunction directing the petitioner- defendant No.1 to pay arrears of rent in a sum of Rs.2,84,190/- without providing an opportunity for the petitioner to put forth his defence in the suit and file objections to the application. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, in order to provide one more opportunity to the petitioner to file written statement, objections, documents etc., I deem it just and appropriate to dispose of this petition by setting aside the impugned order and remit the matter back to the trial - 7 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 Court for reconsideration of I.A.No.1 afresh in accordance with law within a stipulated time frame. 8. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 13.10.2025 passed in O.S.No.7141/2025 on the file of the IX Additional City Civil and Sessions Judge, is hereby set aside. iii) The matter is remitted back for reconsideration of I.A.No.1 afresh in accordance with law. iv) The petitioner as well as respondent No.2 are directed to file written statement, objections, documents etc., before the trial Court on 20.02.2026 without seeking adjournment under any circumstances whatsoever. v) The trial court is directed to reconsider and dispose of I.A.No.1 afresh in accordance with law within a period of 1 month from 20.02.2026. - 8 - HC-KAR NC: 2026:KHC:4291 WP No. 33941 of 2025 vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 48