HEMAVATHI Vs. H VENKATESH

JUDGEMENT

(1.) RESPONDENT 's Counsel is absent. Heard the learned Counsel for the petitioner and perused the records.

(2.) BY the impugned order, the Court below has allowed the application filed under Sec. 148 read with Sec. 151 of CPC for condoning the delay of 7 days in depositing the rent.

(3.) THE records reveal that the petitioners herein filed HRC No.167/2007 under Sec. 27(1)(2)(a) of Karnataka Rent Act, seeking eviction of the respondent from the premises mentioned in the schedule. The said petition came to be allowed on 25 -6 -09, directing the respondent to pay arrears of rent of Rs.2,500/ - within one month from the date of the order dt. 25 -6 -09. It is made clear, in the very order that if the respondent fails to pay the arrears of rent of Rs.2,500/ - within one month, the petitioners are at liberty to seek delivery of schedule premises by following due process of law. The said order was questioned by the petitioners in HRRP No.153/2009 before this Court, which came to be dismissed on 2nd July, 2010, with an observation that it is open for the petitioners to proceed against the respondent in accordance with law, if the arrears of rent as ordered by the trial Court is not deposited. Which means, the respondent ought to have deposited the arrears of rent of Rs.2,500/ - within one month from 25th June, 2009. But the respondent is stated to have deposited the rent on 1 -8 -2009. In that view of the matter, respondent filed an application under Sec. 148 read with Sec. 151 of CPC seeking condonation of delay in depositing the amount, or in the alternative to extend the time for depositing the arrears of rent. The Court below condoned the delay of 7 days in depositing the said rent, by allowing the said application. The said order is impugned in this petition.