Sri.S.N.Shyamsundar vs Smt.Usha Jain
2021 Latest Caselaw 3365 Kant

                                    MFA.NO.3691/2021

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 21ST DAY OF SEPTEMBER, 2021

                       BEFORE

       THE HON'BLE MRS JUSTICE K.S.MUDAGAL

MISCELLANEOUS FIRST APPEAL No.3691/2021 (CPC)

BETWEEN:

SRI S.N.SHYAMSUNDAR
S/O S.K.NARAYANA RAO
AGED 63 YEARS
NO.35, ASHUR KHANA STREET
II CROSS, K.KAMARAJ ROAD
CROSS, BENGALURU - 560 042               ... APPELLANT

(BY SRI N.RAVINDRANATH KAMATH ADV.)

AND:

SMT USHA JAIN
AGED 57 YEARS
W/O MAHENDRA KUMAR JAIN
ASHRU KHAN STREET
1ST FLOOR, II CROSS
K.KAMARAJ ROAD CROSS
BENGALURU - 560 042                   ... RESPONDENT

(BY SRI PARAS JAIN @ PARASMAL B. ADV.)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC   PRAYING TO SET     ASIDE THE    I.A.NO.1  IN
O.S.NO.495/2020 AND ORDER DATED 30.07.2021 ON THE
FILE OF ADDITIONAL CITY CIVIL JUDGE (CCH-13),
BENGALURU.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                        MFA.NO.3691/2021

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                       JUDGMENT

Heard.

Aggrieved by the interim order of the Trial Court

restraining him from disconnecting water supply to the

schedule premises, the plaintiff has preferred the above

appeal.

2. The appellant is the owner of the residential

property bearing No.35 situated at Kamaraj Road Cross,

Bengaluru. He has let out the said property to the

respondent. He filed O.S.No.495/2020 against the

respondent before the Trial Court for ejectment.

3. The respondent contested the suit claiming

that she was in possession of the property as security

for the loan of Rs.18 Lakhs and that was not refunded.

The appellant claimed that respondent is in huge arrears

of rent. The respondent denied the same.

4. The respondent filed I.A.No.1 under Order

39 Rule 1 and 2 of CPC in the suit claiming that the

appellant has unauthorizedly disconnected the water MFA.NO.3691/2021

and electricity supply to his tenement and sought

mandatory injunction for restoration of the same. The

appellant filed I.A.No.2 seeking directions to the

respondent for deposit of arrears of rent of

Rs.11,98,674/- and I.A.No.6 for amendment of plaint to

claim the arrears of rent.

5. It appears when the matter was called

before the Trial Court on 30.07.2021, the advocate on

record for the petitioner did not appear and the

advocate for respondent pressed for interim order on

I.A.No.1 claiming that he is without electricity and

water. The Trial Court by the impugned order,

restrained the petitioner from disconnecting water

supply to the schedule premises, till the next date of

hearing and posted the matter to 26.08.2021. In fact

the relief sought under I.A.No.1 was for restoration of

water supply and electricity, which was allegedly

already disconnected.

6. Sri. N.Ravindranath Kamath, learned

counsel for the petitioner contends that the petitioner MFA.NO.3691/2021

had not disconnected the water supply and electricity.

He contends that since the Authorities took up some

development work in the road, the services were

dislocated. He contends that the respondent should

have approached the concerned Authorities for

restoration of electricity and water supply.

7. Learned counsel for the respondent submits

that the petitioner is still getting electricity and water to

his tenement, which is on the first floor of the suit

premises and the submission that the services were

dislocated because of some developmental works by the

Authorities is false.

8. The Trial Court has not disposed of I.A.No.1.

It has passed the impugned order only by way of

interim arrangement. Therefore, it is appropriate that

the Trial Court shall dispose of the applications in the

time bound manner. It is submitted that the application

of the appellant for directions to pay the rent and

amendment are also required to be considered in a fast MFA.NO.3691/2021

track manner, since the defendant is in huge arrears of

rent.

9. It is submitted that the matter is listed

before the Trial Court on 28.09.2021. Under the

aforesaid facts and circumstances, the interim order

granted earlier shall continue till 28.09.2021.

10. Both the advocate shall appear before the

Trial Court on 28.09.2021 and argue on I.A.Nos.1, 2

and 6. The Trial Court shall hear both the parties on

those applications and dispose of the same as

expeditiously as possible.

The appeal is disposed of accordingly.

In view of the disposal of the appeal,

I.A.No.1/2021 does not survive for consideration and

disposed of accordingly.

Sd/-

JUDGE KG