AGED 25 YEARS v. (BY SRI. AJITH A SHETTY, ADVOCATE)

#4. SRI. KAMALESH B AGED 59 YEARS

#5. KUM TEJASWINI K AGED 26 YEARS - 2 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR

#6. SRI. DARSHAN K AGED 25 YEARS …PETITIONERS (BY SRI. VENKATESH R.BHAGAT., ADVOCATE) AND:

#1. SRI ADI HEMANTHKUMAR S/O LATE SRI. MASTHI GOWDA @ CHIKKANNA AGED ABOUT 54 YEARS RESIDING AT NO. 9/1-C 4TH MAIN 6TH CROSS INDUSTRIAL TOWN RAJAJINAGAR BENGALURU - 560 044.

#2. SMT. C.VIJAYA W/O SRI HANUMANTHAYYA AGED ABOUT 62 YEARS NO.81, 1ST BLOCK, NAGARBHAVI 2ND STAGE NEAR BDA COMPLEX BENGALURU - 560 072. (BY SRI. AJITH A SHETTY, ADVOCATE) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO O.S.NO.8804/2015 PENDING ON THE FILE OF LEARNED IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU (CCH-5) RESULTED IN PASSING AN IMPUGNED ORDER DATED 12.12.2025 AT ANNEXURE-A, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in O.S.No.8804 of 15 is directed against the impugned order dated 12.12.2025 passed on the applications filed by the defendants for a direction to the plaintiffs to deposit the security deposit collected by him from tenants in Items Nos.1 to 5 of the suit 'F' schedule property and for a direction to the garnishee/tenant to deposit the rentals of the respective tenants before the Trial Court was allowed by the Trial Court by holding as under: "Both the applications filed by the defendant under Section 151 of CPC are hereby allowed. The plaintiffs are hereby directed to deposit the security deposit which are collected from the tenants and further tenants are also directed to deposit the monthly rents before the Court before the 5th of every month before office of the Court".

#2. Learned counsel for the petitioners/plaintiffs submits that insofar as the impugned order directing deposit of the security deposit collected by the plaintiffs is - 4 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR concerned, since the said security deposit would be returnable to the respective tenants, in the event, they vacate during the pendency of the suit, the impugned order directing the plaintiffs to deposit the security deposit may be set aside. Learned counsel for the petitioner, however submits that insofar as the monthly rents collected from the tenants are concerned, the plaintiffs would deposit 1/6th share of the rents accruing from Items Nos.1 to 5.

#3. Per contra, learned counsel respondents/defendants submits that the Trial Court has taken note of the fact that the plaintiffs jointly claim only 5/6th share in Item Nos.1 to 5 of the suit 'F' schedule properties and had unequivocally admitted that the undisputed 1/6th share of the defendants collected from the tenants during the pendency of the suit was being kept in a separate account and as such, the trial Court was fully justified in allowing the application filed by respondents/defendants by passing the impugned order, - 5 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR which does not warrant interference by this Court in the present petition.

#4. A perusal of the material on record including the impugned order will indicate that the Trial Court has correctly and properly considered and appreciated the entire material on record and has come to the correct conclusion that the entire rents in relation to Items Nos.1 to 5 of the suit 'F' schedule property were being collected from the tenants by the petitioners/plaintiffs who were liable to deposit the same before the Trial Court, which would be subject to the final outcome of the suit. However, as rightly contended by the learned counsel for the petitioners, since the security deposit/refundable deposit would be returnable to the tenants at the time of them vacating the respective portions of the suit schedule premises, I deem it just and appropriate to set aside the impugned order insofar as it relates to directing deposit of the security deposit/refundable deposit collected by the - 6 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR petitioners/plaintiffs, subject to them furnishing necessary accounts/records in this regard.

#5. Insofar as the remaining portion of impugned order directing the plaintiffs to deposit the monthly rents accruing from Item Nos.1 to 5 of the suit 'F' schedule properties to the extent of the undisputed 1/6th share of the defendants is concerned, the Trial Court has taken note of the fact that the petitioners/plaintiffs have themselves admitted unequivocally that they are keeping the undisputed 1/6th share of the respondents/defendants separately as if it is the share of the defendants, as can be seen from the finding recorded in the impugned order.

#6. Under these circumstances, I deem it just and appropriate to confirm the impugned order insofar as it relates to directing the petitioners/plaintiffs to deposit 1/6th share of the rents collected by the petitioners/ plaintiffs from Item Nos.1 to 5 of the suit 'F' schedule property during the pendency of the suit before the Trial - 7 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR Court, which would be subject to the final outcome of the suit.

#7. Hence, I pass the following: ORDER i) ii) Writ Petition is hereby partly allowed. The impugned order dated 12.12.2025 passed on the applications filed by respondents/ defendants under Section 151 of CPC O.S.No.8804 of 2015 by the IX Additional City Civil and Sessions Judge, Bengaluru (CCH-15) insofar as it relates to directing the petitioners/ plaintiffs to deposit the refundable security deposit collected by them from Item Nos.1 to 5 of the suit 'F' schedule properties is thereby set aside. iii) The impugned order insofar as it directs the petitioners/plaintiffs to deposit the monthly rents collected by them, during the pendency of the suit in respect of Item Nos.1 to 5 of suit 'F' schedule properties is hereby confirmed. - 8 - NC: 2026:KHC:7978 WP No. 215 of 2026 HC-KAR iv) Petitioner Nos.1 to 5 are directed to deposit and continue to deposit 1/6th share of respondents/defendants in Item Nos.1 to 5 of the 'F' schedule property collected by petitioners/plaintiffs during the pendency of the suit, within a period of two months from the date of receipt of a copy of this order. v) Immediately upon such deposit, the respondents/ defendants are permitted to withdraw the said amount deposited by the petitioners/plaintiffs, which would be subject to the final outcome of the suit. vi) The Trial Court is directed to dispose of the suit on merits and in accordance with law, preferably within a period of one year from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH, List No.: 2 Sl No.: 15