Karnataka High Court
Smt. B.K. Gayathri Devi vs Sri. P.V. Krupakara on 19 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 22714 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 22714 OF 2023 (GM-CPC)
BETWEEN:
SMT. B.K. GAYATHRI DEVI,
W/O G. CHANDRAMOHA,
AGED ABOUT 48 YEARS,
CARRYING ON BUSINESS UNDER
THE NAME AND STYLE OF
M/S CRYSTAL TIMES,
WORLD OF TITAN,
FRANCHISE SHOWROOM,
BEARING NO. 186 AND 187,
GROUND FLOOR,
SAMPIGE ROAD, 10TH CROSS,
MALLESHWARAM,
BENGALURU - 560 040.
...PETITIONER
(BY SRI. ANIL KUMAR SHETTY, ADVOCATE)
AND:
Digitally signed by 1.
VANDANA S SRI. P.V. KRUPAKARA,
Location: High S/O LATE P.S. VENKATASWAMY SETTY,
Court of Karnataka AGED ABOUT 63 YEARS,
RESIDING AT NO. 186, 1ST FLOOR,
10TH CROSS, SAMPIGE ROAD,
MALLESHWRAM,
BENGALURU - 560 003.
2. P. V. SUDHA
D/O LATE P.S. VENKATASWAMY SETTY,
AGED ABOUT 61 YEARS,
RESIDING AT NO.118,
3RD MAIN, BEST COUNTY II,
HESARAGHATTA MAIN ROAD,
VIDYARANYAPURA POST,
BANGALORE - 560 097.
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WP No. 22714 of 2023
3. SRI. A. PREMKUMAR
S/O LATE SMT. P.V. NAGARATHNA,
AGED ABOUT 38 YEARS,
RESIDING AT NO. 20/1,
"LAKSHMI KRUPA",
SIDDASHRAMA ROAD,
17TH CROSS, MALLESHWARAM,
BANGALORE - 560 003.
4. SRI PRATHEEK A
S/O LATE SMT. P.V. NAGARATHNA,
AGED ABOUT 29 YEARS,
RESIDING AT NO. 20/1,
"LAKSHMI KRUPA",
SIDDASHRAMA ROAD,
17TH CROSS, MALLESHWRAMA,
BANGALORE - 560 003
REPRESENTED BY
ITS P.A. HOLDER
SRI. A. PREMKUMAR
...RESPONDENTS
(BY SRI. D. N. MANJUNATH.,ADVOCATE FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD
03.08.2023 PASSED IN COM.REVIEW PETITION NO.2/2023 BY THE
LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-89),
COMMERCIAL COURT, BANGALORE AS PER ANNEXURE-M
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition by the review petitioner in Commercial Review
Petition No.2/2023 is directed against the impugned order dated
03.08.2023 passed by the LXXXVIII Addl. City Civil and Sessions
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(Commercial Court) Bangalore, whereby the said review petition
filed by the petitioner seeking review of the judgment and decree
dated 14.02.2023 passed in Commercial O.S.No.436/2022 insofar
it related to payment of rent of arrears of rent was concerned was
dismissed by the Trial Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the
respondents-plaintiffs instituted the aforesaid suit against the
petitioner-defendant in Commercial O.S.No.436/2022 for
eviction/ejectment, arrears of rent and other reliefs. The said suit
having contested by the petitioner-defendant, the Trial Court
passed a judgment and decree dated 14.02.2023 directing the
petitioner to quit and deliver vacant possession of the suit B
schedule premises to the respondent and also for arrears of rent of
Rs.56,60,898/-. Pursuant to the said judgment and decree, the
petitioner handed over the vacant possession of the suit B
schedule premises to the respondents. However, insofar as the
decree relating to payment of arrears of rent was concerned,
petitioner filed the aforesaid Comm.R.P.No.2/2023 which was
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opposed/contested by the respondents and culminated in the
impugned order rejecting the review petition, aggrieved by which
the petitioner is before this Court by way of the present petition.
4. Learned counsel for the petitioner submits that certain all
the payments made by the petitioner to the respondents towards
arrears of rent have not been taken into account by the Trial Court
warranting interference by this Court by setting aside of the
impugned order and remitting matter back to the Trial Court for
reconsideration afresh in accordance with law by providing an
opportunity to the petitioner to file his memo of calculation before
the Trial Court.
5. Per contra, learned counsel for the respondents, on
instructions submits that the respondents would also file their
memo of calculation before the Trial Court and the matter may be
remitted back to the Trial Court for reconsideration afresh by fixing
a time frame for the same.
6. In view of the aforesaid facts and circumstances and
submissions made by both sides, I deem it just and appropriate to
set aside the impugned order and remit the matter back to the Trial
Court for reconsideration afresh in accordance with law.
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7. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 03.08.2023 in Comm.Review
Petition No.02/2023 at Annexure-M, is hereby set aside.
(iii) The matter in Comm.Review Petition No.02/2023 is
remitted back to the Trial Court for reconsideration afresh in
accordance with law.
(iv) Parties undertake to appear before the Trial Court on
04.03.2024 without awaiting further notice from the trial court.
(v) The parties are directed to file their respective memos
of calculations regarding arrears of rent before the Trial Court
which shall consider the same and dispose of the review petition
afresh in accordance with law on or before 26.04.2024.
(vi) All rival contentions insofar as the arrears of rent
payable by the petitioner to the respondent and are kept open and
no opinion is expressed on the same.
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(vii) It is further directed till disposal of Comm.Review
Petition No.02/2023 as stated supra, the execution proceedings in
Commercial Execution No.209/2023 shall remain in abeyance.
SD/-
JUDGE
DHA
