Karnataka High Court: S.G. Pandit, J. while disposing of this Civil Revision Petition filed under Section 115 of Civil Procedure Code set aside the order of the lower Court.
In the instant case, the application of the petitioner filed under Order 17 Rule 1 and 2 CPC was rejected by an order on 16.02.2019 for non-deposit of arrears of rent. Aggrieved by this, the petitioner had assailed this order.
The petitioner, a tenant filed R.A. No. 24 of 2015 against the Judgment and Decree of the Civil Judge and JMFC, Nagamangala. The application was for seeking fifteen days’ time for payment of arrears of rent/damages. But, it was rejected by the Trial Court on the ground that no undertaking was filed as to on which date it will be given and no bonafide was given. As a consequence of this, R.A. No. 24 of 2015 was also dismissed.
The petitioner deposited a sum of Rs 66,000 before this Court against the aforesaid payment of arrears of rent/damages.
N. Manjunatha, Counsel for the Respondent submitted that the above amount shall cover till the month of May 2019.
To this D.S. Hosmath, Counsel for the petitioner submitted that the remaining will be submitted before the Appellate Court.
The Court after analysing the facts and circumstances of the case observed that instead of rejecting the application outright, some reasonable time should have been granted. The Court also directed the appellate court to hear the appeal on merits.[Channappa v. M.R. Narayanashastry, 2019 SCC OnLine Kar 1836, decided on 17-09-2019]
