IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.24473 OF 2018 (GM-CPC) BETWEEN:
SRI RAMESH S/O LATE SRI ABBAIAH @ ABBANNA AGED ABOUT 44 YEARS, R/AT NO.49/3, 1ST FLOOR, ABBANNA BUILDING, 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK, BENGALURU-560034 ... PETITIONER (BY SRI PRADEEP NAIK K., ADVOCATE) AND:
1. SMT MUNITHAYAMMA W/O LATE SRI ABBAIAH @ ABBANNA AGED ABOUT 77 YEARS 2. SRI RAVI S/O LATE SRI ABBAIAH @ ABBANNA AGED ABOUT 40 YEARS 3. SRI BIJOY KUMAR S/O VISHNUMARDHAN CHAKRI AGED ABOUT 40 YEARS R1 TO R3 ARE R/AT 2ND MAIN 3RD CROSS, JANATHA COLONY JAKKASANDRA VILLAGE, BEGURU HOBLI BENGALURU-560034 4. SRI BHEEMA S/O VENKATESHALU AGED ABOUT 35 YEARS LAUNDARY SHOP NO.49/3, GORUND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560034 5. SRI RAJU S/O SRINIVAS AGED ABOUT 30 YEARS HAIR SHALLOON NO.49/3, GOURND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560034 6. SRI ARUN KUMAR S/O DAHARI AGED ABOUT 50 YEARS R/AT NO.49/3, GROUND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRAS KORAMANGALA 1ST BLOCK BENGALURU-560034 7. SRI RAPPAYA AGED ABOUT 50 YEARS R/AT NO.49/3, GROUND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560034 8. SRI RATHISH S/O KOYU C AGED ABOUT 35 YEARS R/AT NO.49/3, FIRST FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560031 9. SRI YASHODHARA S/O MUNIKUSU AGED ABOUT 38 YEARS R/AT NO.49/3, SECOND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560034 10. SMT MANGALAGOWRI W/O SRI PUTTASWAMY AGED ABOUT 39 YEARS R/AT NO.49/3 SECOND FLOOR ABBANNA BUILDING 3RD MAIN JAKKASANDRA KORAMANGALA 1ST BLOCK BENGALURU-560034 11. MR AMZAD S/O ABDUL RASHEED AGED ABOUT 40 YEARS NO.432, GROUND FLOOR K R MARKET BENGALURU-560 002 ... RESPONDENTS (BY SRI A.SAMPATH, ADVOCATE FOR R1 & R2; NOTICE TO R3 TO R11 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER WHICH IS AT ANNEXURE A TO THIS W.P I.E. THE ORDER PASSED ON I.A.NO.II FILED BY THE PETIITONER UNDER SECTION 151 OF CPC TO DIRECT THE R3, R5 TO R11 TO DEPOSIT THE MONTHLY RENTS REFULARLY BEFORE THE HON’BLE COURT BELOW AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the learned counsel for the parties having argued the matter, for some time are now broadly agreeable to the suggestion of this Court that all the respondents/tenants be directed to deposit entire rental amount in the Court below, which shall consider the claim of the petitioner and the contesting respondents for it’s apportionment.
Ordered accordingly.
The respondents tenants shall deposit the accruing rentals regularly in the Court below which shall consider and dispose off the claim of the petitioner and the contesting respondents for apportionment of the amount to be deposited, and deposited already preferably within a period of four weeks, in accordance with law.
Accordingly, the writ petition is disposed off.
Sd/- JUDGE KTY