Karnataka High Court

WP/12749/2023 of SRI. VENKATESH PATHI M Vs SRI. H M VENKATASWAMY on 7 August 2026

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CNR: KAHC010307952023 NC: 2026:KHC:41833 WP No. 12749 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 12749 OF 2023 (GM-CPC) BETWEEN: 1. SRI. VENKATESH PATHI M S/O SRI. MARIYAPPA, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF AUGUST, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 12749 OF 2023 (GM-CPC)

BETWEEN:

1.

SRI. VENKATESH PATHI M

S/O SRI. MARIYAPPA,

AGED ABOUT 54 YEARS,

R/AT NEW NO. 353/1,

OLD NO.137, NEXT TO SHREE

SAI APARTMENT LAKEVIEW RESIDENCY,

RAJANNA LAYOUT,

HORAMAVUAGARA,

HORAMAAVU POST,

BANGALORE - 560043.

2.

SRI. LAKSHMIPATHY,

S/O LATE A. GOPAL,

AGED ABOUT 39 YEARS,

R/AT 814/ 464, 5TH MAIN,

4TH BLOCK, I STAGE,

HBR LAYOUT KALYAN NAGAR POST,

NEXT TO MUNESHWARA TEMPLE,

BANGALORE - 560043.

…PETITIONERS

(BY SRI. GANESH PRASAD B S, ADVOCATE)

AND:

SRI. H M VENKATASWAMY

S/O LATE MUNIRAMAIAH,

AGED 55 YEARS,

Digitally

signed by

BHARATHI S

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

R/AT VENKATESWARA NILAYA,

HORAMAVU POST, HORAMAVU,

BANGALORE - 560043

…RESPONDENT

(BY SRI. S R SREEPRASAD, ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER

DATED 15/06/2023 PASSED IN IA NOS 6 AND 7 IN OS NO

8858/2014 ON THE FILE OF XI ADDL CITY CIVIL AND

SESSIONS JUDGE AT BANGALORE (CCH-8) PRODUCED AS

ANNEXURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

The present writ petition is filed challenging the order dated 15.06.20231 passed on IA.Nos.6 and in OS No.8858/2014 by the XI Additional City Civil and Sessions Judge, Bangalore (CCH-8)2.

2. The petitioners who were defendant Nos.1 and 2 in the suit, filed IA.No.6 to reopen the case to permit them to adduce evidence. IA.No.7 was filed to recall the order dated 11.04.2023. Vide the impugned order, the trial Court 1 hereinafter referred to as 'the impugned order' 2 hereinafter referred to as 'the trial Court'

HC-KAR

dismissed the said applications by noticing that defendant No.1 had not complied with the order dated 28.09.2022 passed by this Court in W.P.No.53003/2016.

3. The trial Court vide the impugned order had noticed the operative portion of the order dated 28.09.2022 and rejected the applications.

4. It is forthcoming that this Court vide the order dated 28.09.2022 allowed the applications filed by defendant No.1 for recall of PW.1 subject to the condition that the defendants pay the arrears of rent to the plaintiff at the rate of `35,000/- p.m., from the date of the suit within one month from the date of the said order.

5. Admittedly, the defendants have not paid the said amount till date. In view of the same, the impugned order passed by the trial Court cannot be faulted.

6. The present writ petition is dismissed.

SD/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 3

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