Karnataka High Court
Sri.V.K. Ravi vs Smt. Veena Nayak on 19 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:46423
WP No. 26775 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 26775 OF 2023 (GM-CPC)
BETWEEN:
SRI.V.K. RAVI,
S/O KRISHNA GOWDA,
AGED ABOUT 31 YEARS,
BAKERY BUSINESS,
ASHOKA ROAD, SAGAR,
SHIMOGGA DISTRICT - 577 401.
...PETITIONER
(BY SRI. GANAPATHI., ADVOCATE)
AND:
SMT. VEENA NAYAK,
W/O SHANTHARAMA NAYAK,
AGED ABOUT 59 YEARS,
Digitally R/O ASHOKA ROAD, SAGARA,
signed by
SUCHITRA M SHIMOGGA DISTRICT - 577 401.
J
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI.RAMESH GOWDA.K, ADVOCATE FOR C/R)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 7.10.2023 PASSED BY THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC SAGAR IN R.A.NO.14/2023 UNDER
ANNEXURE - H, CONSEQUENTLY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 26775 of 2023
ORDER
Heard Sri. Ganapathi, learned counsel for the
petitioner-defendant and Sri. Ramesh Gowda.K, learned
counsel for the respondent-plaintiff. Perused the writ
petition papers.
2. Learned counsel for the petitioner would submit
that the petitioner-defendant is before this Court,
aggrieved by order dated 07.10.2023 in R.A.No.14/2023
on the file of the Additional Senior Civil Judge and JMFC,
Sagar, directing the petitioner to deposit 25% of the
damages as ordered by the trial Court and also to deposit
Rs.31,260/- per month as damages from the date of order
until further orders.
3. Learned counsel for the petitioner would submit
that the respondent-plaintiff has filed suit for possession
and damages. The said suit was decreed under judgment
and decree dated 11.08.2023 in O.S.No.15/2022. Learned
counsel for the petitioner would submit that the trial Court
directed the petitioner-defendant to handover vacant
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possession of the suit schedule property to the plaintiff
and also directed to pay damages of Rs.31,260/- per
month from 01.11.2021 till delivery of possession.
Learned counsel would further submit that against the
judgment and decree, the petitioner-defendant preferred
R.A.No.14/2023. Along with R.A.No.14/2023, the
petitioner also filed I.A.No.1 under Order XLI Rule 5 of the
Code of Civil Procedure, 1908 (for short 'CPC') praying to
stay the operation of judgment and decree under appeal.
Learned counsel further submits that the trial Court
allowed I.A.No.1 with certain conditions. It is further
submitted that the petitioner-defendant is before this
Court, challenging the conditions imposed by the trial
Court while allowing I.A.No.1. Learned counsel would
further submit that the petitioner disputed the rent and
invites attention of this Court to Paragraph No.7 of the
written statement, which is placed on record as
Annexure-B. Learned counsel would submit that the
petitioner had admitted rent of Rs.3,21,600/- per annum,
which would be Rs.26,800/- per month. Therefore,
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learned counsel would fairly submit that the petitioner-
defendant would pay admitted rent of Rs.26,800/- subject
to the out come of R.A.No.14/2023. Further, learned
counsel would submit that the Appellate Court committed
an error in directing the petitioner-defendant to deposit
25% of the damages without adjusting the rent already
paid by the petitioner.
4. Per contra, learned counsel for the respondent
would oppose the prayer of the petitioner and supports the
order passed by the trial Court. He would further submit
that the trial Court has rightly directed the petitioner to
pay the damages at the rate of Rs.31,260/- per month and
prays for dismissal of the writ petition.
5. Having heard the learned counsels for the
parties and on perusal of the writ petition papers, I am of
the view that the impugned order dated 07.10.2023 on
I.A.No.1 filed under Order XLI Rule 5 of CPC in
R.A.No.14/2023 requires modification directing the
petitioner to pay rent of Rs.26,800/- per month, subject to
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the out come of R.A.No.14/2023 and also directing to
deposit 25% of the damages as ordered by the Appellate
Court.
6. The suit of the respondent-plaintiff for
possession of the suit schedule property and for damages
is decreed under judgment and decree dated 11.08.2023.
The decree reads as follows:
"The defendant is hereby directed to
handover vacant possession of the suit property to
the plaintiff within two months from the date of this
decree,
Further defendant is hereby directed to pay
damages of Rs.31,260/- per month from
01.11.2021 till delivery of possession, failing which
the plaintiff is at liberty to file an execution petition
to take possession in accordance with law."
The trial Court directed the defendant i.e., petitioner
herein to handover vacant possession of the suit schedule
property to the plaintiff and to pay damages of
Rs.31,260/- per month from 01.11.2021 till delivery of
possession.
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7. Learned counsel for the petitioner inviting
attention of this Court to Paragraph No.7 of the written
statement would submit that rent per annum was
Rs.3,21,600/-, which would come to Rs.26,800/- per
month and he is ready to pay the said amount.
8. Taking note of the above, subject to the
determination of the damages as ordered by the Trial
Court and the outcome of R.A.No.14/2023, the petitioner
shall continue to pay Rs.26,800/- per month towards rent
and also deposit 25% of damages as ordered by the trial
Court. To the above extent, order impugned herein is
modified.
With the above, writ petition stands disposed off.
Sd/-
JUDGE
SMJ
