[Cites 3, Cited by 0]
Karnataka High Court
M/S G N Kakhandaki vs Shankargouda on 6 April, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 200775 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200775 OF 2026 (GM-CPC)
BETWEEN:
M/S G N KAKHANDAKI
REGISTERED PARTNERSHIP FIRM BY ITS PARTNER
BASAVARAJ S/O MALLIKARJUN KAKHANDAKI,
AGE: 48 YRS, OCC: BUSINESS,
R/O CTS NO 1134 PLAT NO 70 WARD NO 3,
APMC YARD INDI ROAD,
VIJAYAPURA.
...PETITIONER
(BY SRI. SHIVANAND PATIL, ADVOCATE)
Digitally signed AND:
by SACHIN
Location: HIGH 1. SHANKARGOUDA
COURT OF
KARNATAKA S/O SIDDANAGOUDA PATIL,
AGE: 66 YRS, OCC: BUSINESS AND AGRI
R/O KHB COLONY PLOT NO 147, SOLAPUR ROAD
VIJAYAPURA- 586101.
2. M/S G.N. KAKHANDAKI,
REGISTERED PARTNERSHIP FIRM
BY ITS PARTNER
GURULINGAPPA S/O NINGAPPA KAKHANDAKI,
AGE: 78 YRS, R/O APMC YARD, SY NO 1765,
PLOT NO 107B, INDI ROAD,
VIJAYAPURA- 586101.
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WP No. 200775 of 2026
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3. GURULINGAPPA
S/O NINGAPPA KAKHANDAKI,
AGE: 78 YRS,
R/O APMC YARD SY NO 1765 PLOT NO 107B
INDI ROAD VIJAYAPURA- 586101.
...RESPONDENTS
(BY SRI S.T. DHARWADKAR, ADVOCATE FOR C/R1;
V/O DTD.04.03.2026 NOTICE TO R2 AND R3
IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, a) ISSUE A WRIT
OF CERTIORARI OR ANY OTHER ORDER OR WRIT OF THE LIKE
NATURE AND QUASH THE IMPUGNED ORDER DATED
20.01.2026 ON I.A -1 IN RA NO. 207/2025 ON THE FILE OF IV
ADDL DIST AND SESSIONS JUDGE VIJAYAPURA AS PER
ANNEXURE-F IN AS MUCH AS IT RELATES TO THE DIRECTION
OF DEPOSIT OF AMOUNT AND PAYMENT OF ASSUMED FUTURE
RENT. b) ISSUE ANY OTHER ORDER DEEMED FIT IN FACTS
AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 227 of the
Constitution of India is filed by defendant no.3 seeking for the
following releifs:
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a. Issue a writ of CERTIORARI or any other order
or writ of the like nature and quash the
impugned order dated 20.01.2026 on IA-1 in
RA No.207/2025 on the file of IV Addl. Dist. &
Sessions Judge Vijayapura as per Annexure-F
in as much as it relates to the direction of
deposit of amount and payment of assumed
future rent in the interest of justice.
b. Issue any other order deemed fit in facts and
circumstances of the case".
2. Heard the learned counsel for the parties.
3. Respondent no.1 herein had filed O.S.No.29 of 2018
before the Court of III Addl. Senior Civil Judge & JMFC,
Vijayapura against the partnership firm known as M/s G N
Kakhandaki and its partners with a prayer to evict the
defendants from suit schedule premises and handover
possession of the same. A prayer was also made seeking
damages including future damage at the rate of
Rs.10,00,000/- per year till handing over possession of suit
schedule premises and to grant permanent injunction
restraining the defendants from storing goods in the suit
schedule premises. The said suit was opposed by the
defendants by filing detailed written statement. The trial Court
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by judgment and decree dated 12.09.2025 had partly allowed
O.S.No.29 of 2018 and the defendants were directed to vacate
the suit schedule premises within a period of three months
from the date of decree and handover vacant possession to the
plaintiff. The defendants were also directed to pay arrears of
rent cum damages to the plaintiff from 2015-2016, till handing
over possession of the suit schedule premises to the plaintiff at
the rate of Rs.2,00,000/- per annum and from 2016-2017
onwards by increasing 10% per every year, till handing over
the possession of suit property to the plaintiff.
4. Aggrieved by the judgment and decree dated
12.09.2025 passed in O.S.No.29 of 2018, the petitioner had
filed RA.No.207 of 2025 before the Court of IV Addl. District &
Sessions Judge, Vijayapura and in the appeal he also had filed
I.A.No.I under Order XLI Rule 5(1) of CPC with a prayer to stay
the execution and operation of the judgment and decree dated
12.09.2025 passed in O.S.No.29 of 2018. In the said appeal,
I.A.No.II was filed by the plaintiff under Section 151 of CPC to
issue direction to the appellant to deposit the rent due and
payable to the tune of Rs.33,58,506/-. I.A.No.I was partly
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allowed and I.A.No.II was allowed by the appellate Court vide
the impugned order and aggrieved by the same, defendant
no.3, who is the appellant in R.A.No.207/2025 is before this
Court.
5. A perusal of the material on record would go to
show that, this Court after appreciating the rival contention on
behalf of both the parties has granted an interim order in this
petition staying the impugned order dated 20.01.2026 passed
on I.A.No.I and II in R.A.No.207/2025 insofar as it relates to
deposit the rental arrears of Rs.33,58,506/- and Rs.1,00,000/-
per month as future rent, subject to the condition the petitioner
depositing a sum of Rs.20,00,000/- before the Trial Court
within a period of four weeks from the date of order and
continuing to pay Rs.50,000/- per month as future rent as per
the prevailing market value before the Appellate Court, which
shall be paid till the disposal of the appeal. While granting the
said interim order, it is made clear that if the amount as
ordered is not paid within the stipulated time, the interim order
will not enure to the benefit of the petitioner. The said interim
order was subsequently extended by this Court till the next
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date of hearing on 04.03.2026 and the matter was adjourned
to 25.03.2026. On 25.03.2026, the matter was adjourned to
06.04.2026 and the interim order granted earlier was continued
till the next date of hearing.
6. Though this Court vide the aforesaid interim order
has directed the petitioner to deposit a sum of Rs.20,00,000/-
towards arrears of rent before the Trial Court and to pay
Rs.50,000/- per month as future rent during pendency of the
appeal, till date the said interim order has not been complied
by the petitioner. The petitioner has challenged the order
impugned passed by the Appellate Court on I.A.No.I and II in
R.A.No.207/2025 primarily on the ground that condition
imposed by the Appellate Court for depositing amount as found
in the order impugned is on the higher side and the petitioner is
not in a position to comply the said order. It is under these
circumstances, the coordinate bench of this Court has reduced
arrears of rent to be deposited by the petitioner and also the
future rent to be deposited by him. Even the reduced the
amount has not been deposited by the petitioner till date. When
there is a decree passed against the petitioner directing him to
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deposit arrears of rent and also to pay future damages,
absolute interim order without putting him to any terms cannot
be granted. If the terms and conditions imposed by the
Appellate Court is found to be harsh, the same can always be
interfered by this Court. It is under these circumstances, the
coordinate bench of this Court has granted an interim order on
24.02.2026 modifying the conditions imposed in the order
impugned. Even the modified condition has not been complied
by the petitioner.
7. At this juncture, learned counsel for the petitioner
has made a request to grant him some breathing time to
deposit the amount and also to pay future damages as directed
by this Court in its interim order dated 24.03.2026.
8. In view of the aforesaid, writ petition is disposed of
directing the petitioner to deposit the amount towards arrears
of rent and also to pay future rent per month as directed in the
interim order dated 24.02.2026 passed in this writ petition on
or before 25.04.2026, till then, the interim order granted by
this Court stands extended.
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9. In the event, the petitioner fails to comply this
order within the aforesaid time, it is made clear that interim
order passed by this Court in this writ petition on 24.02.2026
which is periodically extended shall not enure to the benefit of
the petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
List No.: 1 Sl No.: 18
