Karnataka High Court
WP/27834/2026 of SRI.S.RAJAGOPAL Vs SRI.JAI CHAND KUMAR SAMDARIYA on 22 September 2026
CNR: KAHC010601162026 NC: 2026:KHC:52174 WP No. 27834 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27834 OF 2026 (GM-CPC) BETWEEN: 1. SRI. S. RAJAGOPAL S/O SUBBAIAH KONNAR, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 27834 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI. S. RAJAGOPAL
S/O SUBBAIAH KONNAR,
AGED ABOUT 61 YEARS,
PRESENTLY RESIDING AT FLAT NO.904,
9TH FLOOR, SALARPURIA GREENAGE
HIBISCUS BLOCK, B-WING,
HOSUR ROAD, BOMMANAHALLI,
BENGALURU - 560 068
(SENIOR CITIZEN BENEFIT NOT CLAIMED).
…PETITIONER
(BY SRI. RAVINDRANATH K., ADVOCATE)
AND:
1.
SRI. JAI CHAND KUMAR SAMDARIYA
S/O MANIKCHAND
AGED ABOUT 66 YEARS
R/AT NO.10, GURUKRUPA
3RD FLOOR, 4TH CROSS
SWATHI MAIN ROAD,
SHANTHINAGAR,
BENGALURU - 560 027.
Digitally
signed by
VINUTHA B
S
Location:
High Court
of
Karnataka
HC-KAR
2.
SMT. SHANTHI R.,
D/O RAJAGOPAL
AGED ABOUT 39 YEARS
RESIDING AT FLAT NO.904,
9TH FLOOR, 'SALARPURIA GREENAGE',
HIBISCUS BLOCK, B-WING,
HOSUR ROAD, BOMMANAHALLI,
BENGALURU - 560 068.
…RESPONDENTS
(BY SRI. SANJAY H. SETHIYA, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE
RECORD
FROM
THE
TRIAL
COURT
IN
RESPECT
OF
OS.NO.2548/2022 ON THE FILE OF LXIV ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-65), BENGALURU AND ISSUE AN
ORDER OF CERTIORARI OR DIRECTION OR WRIT QUASHING
THE IMPUGNED ORDER DATED 10.07.2026 PASSED BY THE
LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU
ON
I.A.NO.VII
IN
O.S.NO.2548/2022
VIDE
ANNEXURE-A TO THE WRIT PETITION AND ETC,.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
Heard learned counsel appearing for the parties.
2. This petition is filed impugning the order dated 10.07.2026 passed in O.S.No.2548/2022, a suit filed for ejectment, recovery of arrears of rent, and damages in respect of the suit schedule property.
3. The petitioner herein appeared before the trial Court and filed the written statement, admitting the rental agreement, though certain averments made in the plaint were denied. The rival contentions pertain to the payment of rent through cheques and in cash. The trial Court, taking note of the admitted tenancy under the rental agreement dated 15.12.2018, directed the petitioner herein to deposit the arrears of rent and to continue to deposit the monthly rent before the Court on or before the 10th day of every month. The trial Court has also granted liberty to the petitioner to set off the rents already paid while calculating the arrears of rent.
4. When the relationship of landlord and tenant under the rental agreement dated 15.12.2018 is admitted and there are
HC-KAR
arrears of rent, the direction issued by the trial Court cannot be said to be unjustified. No ground is made out for interference with the order of the trial Court. Accordingly, the writ petition stands dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 17