Though the matters are listed for preliminary hearing in 'B' group, by consent of both the learned Counsel heard and disposed of finally by this common order.

2. The petitioner in both the writ petitions are the tenants before the II Additional Small Causes Judge, Bangalore in H.R.C. No. 463 of 2003. The petitioners in both the cases filed application I.A. No. 4 under Section 43 of the Karnataka Rent Act, 1999, to stay all further proceedings and direct the parties to approach the Competent Court of civil jurisdiction to declare that their respective rights. Whereas, I.A. No. VII is filed under Section 151 of the CPC praying to recall the order dated 22-11-2005 and permit him to cross-examine P.W. 1.

3. Brief facts leading to these cases are that the respondent in both the cases is none other than the daughter of Sri S. Chandrashekar, who is the owner of the petition schedule premises. The respondent was in occupation of the entire first floor measuring 55 x 24 feet and she purchased the southern side half portion in the first floor. The petitioner herein entered into an agreement with the father of respondent-Chandrashekar on 25-6-2001. Consequently, Chandrashekar father of the