IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR H.R.R.P. NO.34 OF 2017 BETWEEN:
SRI ANKEGOWDA, S/O MADAIAHGOWDA, AGED ABOUT 33 YEARS, (BUT IN THE IMPUGNED PROCEEDINGS THE NAME OF THE PETITIONER IS WRONGLY SHOWN AS MANDYA KUMAR, S/O MADEGOWDA), R/O NO.300/2, ALKOLA, NANDINI LAYOUT, 6TH CROSS, SHIVAMOGGA CITY, SHIVAMOGGA – 577201. …PETITIONER (BY SRI.M.R.RAJAGOPAL, ADVOCATE - ABSENT) AND:
1. SMT.GEETHA, W/O LOKESH, AGED ABOUT 46 YEARS, REP. BY HER G.P.A HOLDER, SRI K.H.KARIYAPPA, S/O HANUMANTHAPPA, AGED ABOUT 60 YEARS, R/O RANGANATHA COMPLEX, KASHIPURA MAIN ROAD, VINOBANAGAR, SHIVAMOGGA CITY, SHIVAMOGGA – 577201.
2. SRI SATHISH, S/O DEVENDRAPPA, AGED ABOUT 50 YEARS, R/O NANDI EXTENSION, ‘A’ BLOCK, III CROSS, ALKOLA, SY.NO.23, SITE NO.130, SHIVAMOGGA CITY, SHIVAMOGGA – 577201. ...RESPONDENTS **** THIS HRRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 13.04.2017 PASSED ON IA.NO.II IN RR.NO.3/2015 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, SHIVAMOGGA, ALLOWING THE IA.NO.II FILED UNDER ORDER RULES 33 READ WITH SECTION 151 OF CPC, PRAYING TO STOP ALL FURTHER PROCEEDINGS IN HRC.NO.10/2009 DATED 11.11.2014 ON THE FILE OF THE IV ADDL. CIVIL JUDGE AND JMFC, ALLOWING THE PETITION FILED UNDER SECTION 27 (2) (a) (d) (i) (ii) (p) (g) (h) OF KARNATAKA RENT ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the petitioner is absent. No representation.
2. In the present case as per the order dated 14.03.2018 six weeks time was granted to remove the office objections, failing which to list the matter for orders for dismissal. But the office objections were not complied. Thereafter once again as per the order dated 06.12.2018 a week’s time was granted to deposit the rent as ordered in R.R. No.3/2015 by order dated 13.04.2017, failing which the petition was liable to be dismissed without reference to the Court.
3. Despite opportunities given, the office objections and directions for deposit of rent are not complied with. Under these circumstances, this petition deserves to be dismissed. Accordingly, this HRRP stands dismissed.
Sd/- JUDGE ykl