SHAKUNTHALA D. Vs. SHIVAMMA

JUDGEMENT

(1.) Both these petitions arise out of O.S.No.7815/2014 on the file of the I Additional City Civil and Sessions Judge, Bengaluru.

(2.) The said suit was filed by the plaintiff - Smt.Shivamma, mother of defendant No.1 - Smt.Shakuntala and the Appex Co-operative Bank Limited, who has arrayed as defendant No.2. The said suit was contested by Smt.Shakuntala - defendant No.1. During the pendency of the suit, the plaintiff filed an application I.A.No.8 seeking amendment of the plaint under Order VI Rule 17 r/w Sec. 151 of CPC, as well as I.A.No.3 under Sec. 151 of CPC, for a direction to defendant No.1 to deposit the entire rents of Rs.30,000.00 per month and advance / lease amount of Rs.10,00,000.00 alleged to receive by defendant No.1 from the tenants in occupation of the suit schedule property. By the impugned common order, the Trial Court rejected I.A.No.8 filed by the plaintiff and I.A.No.3 filed by the plaintiff was partly allowed, directing defendant No.1 to deposit the monthly rent of Rs.6,700.00 per month.

(3.) Aggrieved by the impugned order, rejecting I.A.No.8 and partly allowing I.A.No.3, the plaintiff - mother has filed WP No.11960/2023. So also, aggrieved by the impugned order partly allowing I.A.No.3, defendant No.1 - daughter is before this Court by way of WP No.8668/2023.