Karnataka High Court
Smt M Tejaswini vs Mr Venugopal Krishnamurthy on 9 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MFA No. 6772 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 6772 OF 2023 (CPC)
BETWEEN:
1. SMT. M.TEJASWINI
W/O SRI S.R.SATYANARAYANA RAJU
AGED ABOUT 38 YEARS
R/AT NO 50, 11TH CROSS
CORNER OF BASAVANNA STREET
AND RANGASWAMY STREET,
CHICKPET
BENGALURU-560053.
ALTERNATE ADDRESS:
NO.50, BT STREET,
6TH CROSS, CHICKPET,
BENGALURU-560053.
HAVING ITS OFFICE AT:
Digitally signed
by SHARANYA T ORANGES PRE-SCHOOL
Location: HIGH SHREE VIDYALANKAR
COURT OF TUTORIALS AND SHRI PREMA
KARNATAKA
SAI EDUCATIONAL TRUST,
PROPERTY BEARING
NO.46, 2ND CROSS,
VIJAYA BANK LAYOUT,
BILEKAHALLI, ARAKERE POST,
BENGALURU-560076.
...APPELLANT
(BY SRI. SHYAM SUNDAR M.S., SENIOR COUNSEL FOR
SRI AVIN TIPPANNA HANAMAPPA, ADVOCATE)
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MFA No. 6772 of 2023
AND:
1. MR. VENUGOPAL KRISHNAMURTHY
S/O MR. C.N. KRISHNAMURTHY,
AGED ABOUT 50 YEARS,
R/AT NO.5700,
11TH MAIN 'D' BLOCK,
RAJAJINAGAR 2ND STAGE,
BENGALURU-560010
2. MS. POORNA VENUGOPAL
W/O MR. VENUGOPAL KRISHNAMURTHY,
AGED ABOUT 45 YEARS,
R/AT NO.370, 4TH CROSS,
J.P.NAGAR, 3RD PAHSE,
BENGALURU-560078.
BOTH ARE PRESENTLY
R/AT NO.562,
FAIRMOUNT AVE CHATHAM,
NEW JERSEY-07928,
UNITED STATE OF AMERICA
BOTH PLAINTIFFS ARE REP. BY
THEIR GPA HOLDER MR. K.NARAYANAN
...RESPONDENTS
(BY SRI. K.G.RAGHAVEN, SENIOR COUNSEL FOR
SRI PRAVEEN PRABHAKAR, ADVOCATE FOR C/R1 & R2
[THROUGH V.C.])
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 15.07.2023 PASSED ON
I.A.NO.2 IN O.S.NO.5660/2022 ON THE FILE OF THE LXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-65,
BENGALURU, PARTLY ALLOWING THE I.A.NO.2 FILED UNDER
ORDER 39 RULE 10 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 6772 of 2023
JUDGMENT
Learned counsel for the appellant again prays a week's
time to deposit arrears of rent.
2. This matter is listed in 'Orders' for non-compliance
of office objections. On the previous date of occasion on
19.01.2024, learned counsel for the appellant sought time to
deposit arrears of rent in terms of the order of the Trial Court
and this Court granted two weeks time to deposit the same
from the date of order and again, the matter was listed before
this Court on 02.02.2024 and in the ends of justice, this Court
once again at the instance of appellant, granted a week's time
to deposit arrears of rent. Now, learned Senior counsel for the
appellant again seeks a week's time to deposit the arrears of
rent.
3. On perusal of the records, it is seen that the
present miscellaneous first appeal is filed challenging the order
passed on I.A.No.II which was filed under Order 39 Rule 10
read with Section 151 of CPC and the Trial Court directed the
appellant/defendant to deposit the arrears of rent at
Rs.82,431/- per month from 01.06.2020 till 30.08.2022 within
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two months from the date of the order. The said order has not
been complied with and even inspite of granting sufficient
opportunity to comply with the order of the Trial Court to
deposit the arrears of rent, though the appeal was filed in
2023, till date, the appellant has not deposited the rent.
Hence, the question of entertaining this appeal does not arise
when rent has not been deposited as directed by the Trial Court
and this Court and the appellant is squatting on the property
without payment of rent from 2020 and running the school in
the premises.
4. Learned Senior counsel for the caveator-respondent
Nos.1 and 2 submits that as on today, rent due from the
appellant is Rs.27 lakhs. The learned Senior counsel for the
appellant would submit that the appellant is running a kinder
garden school and due to Covid-19 Pandemic, the appellant
could not pay the rent. The rent is not paid from 2020 and we
are in 2024 and without any valid reason, this Court cannot
encourage the appellant by granting time to pay the rent,
though the same is not paid from 2020. Hence, no grounds are
made out to consider the matter on merits without payment of
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rent and once again grant time to deposit the arrears of rent
and sufficient opportunity has already been given.
Consequently, the appeal is dismissed.
Sd/-
JUDGE
ST
