MUJTABA FOUNDATION Vs. BREA FOODS PVT LTD

JUDGEMENT

(1.) This petition arises out of the applications, I.A.Nos.1, 2 and 3 filed in O.S.No.1288/2021 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru (for short "the Trial Court").

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioner- land lord has instituted the aforesaid suit against the respondents- defendants for ejectment/eviction, arrears of rent and other reliefs in relation to the suit schedule property. The said suit is being contested by the respondents-defendants. During the pendency of the said suit, the petitioner has filed three applications viz., I.A.No.1 under Order 12 Rule 6 CPC for a direction to the Trial Court to pass an order of eviction against the defendants on the admission made by the respondents-defendants, I.A.No.2 under Sec. 151 CPC for a direction to the defendants to deposit arrears of rent payable by the respondents-defendants to the petitioner-plaintiff and I.A.No.3 under Sec. 151 CPC for a direction to the respondents-defendants to pay usage/occupation charges payable by the respondents-defendants to the petitioner. By the impugned order dtd. 16/7/2022, the Trial Court proceeded to dismiss I.A.No.1 and subsequently, by the impugned common order dtd. 15/12/2022, the Trial Court also dismissed I.A.Nos.2 and 3 referred to supra. Aggrieved by the impugned orders passed on I.A.Nos.1, 2 and 3 by the Trial Court, the petitioner-plaintiff is before this Court by way of this petition.