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2026 DAILYLAW 5502 (KAR)

CITY MUNCIPAL COUNCIL SIRSI v. SYNDICATE BANK

WA/100176/2025 · 2026-02-11

B Muralidhara Pai, M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2048-DB WA No. 100176 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100176 OF 2025 (LB-RES) BETWEEN: CITY MUNCIPAL COUNCIL, R/BY COMMISSIONER CMC, SIRSI, DIST. KARWAR N.K.-581 402. … APPELLANT (BY SRI LINGESH V. KATTEMANE, ADVOCATE) AND: 1. SYNDICATE BANK CMC BRANCH, SIRSI, R/BY ITS BRANCH MANAGER, MADHUKESHWAR S/O SHIVARAM HEGDE, TQ. SIRSI, DIST. KARWAR, N.K.-581 402. 2. DEPUTY COMMISSIONER, MINI VIDHANA SOUDA, KARWAR N.K.-581 304. … RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.107276/2017 (GM-PP) PASSED ON 22/01/2025 ALLOW OTHER PRAYER AS SOUGHT IN THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2026:KHC-D:2048-DB WA No. 100176 of 2025 CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the Order passed in W.P.No.107276/2017, the present appeal is filed by respondent No.1 therein. 2. The appellant being a City Municipal Council, has entered into a lease agreement with respondent No.1-Bank, wherein a property which is a subject matter of the writ appeal has been leased in favour of respondent No.1 as per the terms set out in Annexure-A to the writ petition. The said terms of agreement speaks about the rents payable by respondent No.1 and the periodical hike in the rents. In violation of the said terms on an order passed by respondent No.2, the appellant herein demanded payment of higher rents. The same has been set aside by the learned Single Judge and it has been held that rents are payable only as per the terms of the lease agreement and not based on an unilateral order passed by respondent No.2. - 3 - HC-KAR NC: 2026:KHC-D:2048-DB WA No. 100176 of 2025 3. We do not find any error in the order passed by the learned Single Judge. 4. For the aforementioned reasons, the writ appeal is hereby dismissed. 5. It is needless to state that if the appellant is aggrieved that payments are not made as per the lease agreement or that the lease agreement is not valid in law, it is always at liberty to approach the appropriate forum for appropriate remedy in accordance with law. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE SSP CT:BCK LIST NO.: 1 SL NO.: 20