The court emphasized that during the pendency of a suit for eviction, considering an application for eviction would not be proper, and the petitioners had already availed a remedy by filing contempt and execution proceedings.

JUDGMENT

1. The petitioners aggrieved by the order dtd. 6/9/2021 passed on I.A.No.9 in O.S.No.1/2017 by the Principal Senior Civil Judge and CJM, Mandya, have filed this writ petition.

2. Brief facts leading rise to filing of this petition are as under:

That respondent has filed a suit in O.S.No.52/2014 against the petitioners seeking for the relief of mandatory injunction. In the said suit, petitioners appeared and filed written statement. Thereafter, petitioners have filed an application seeking for a direction to respondent to pay the entire arrears of rent amounting to Rs.61,10,500.00 (Rupees Sixty One Lakhs Ten Thousand Five Hundred only) from 10/9/2014 till 10/9/2017. The Trial Court allowed the said application and directed the respondent to pay the arrears of rent of Rs.61,10,500.00, within one month from the date of the order. Failing which, petitioners are at liberty to get the premises vacated. The respondent being aggrieved by the order passed by the Trial Court has preferred Writ Petition in W.P.No.14592/2018 before this Court. This Court, vide order dtd. 10/12/2019, modified the order passed by the Trial Court and directed the respondent to deposit the arrears of rent for the subject period and shall go on depositing the rents accruing due hereafter in the Court below at the rate of Rs.82,000.00 per month and the Trial Court shall keep the said amount in a short term deposit in any Nationalized Bank; to whom this amount or any other amount should go shall depend upon the outcome of the suit proceedings.

2.2. The respondent aggrieved by the order dtd. 10/12/2019 passed by this Court in W.P.No.14592/2018, preferred Special Leave Petition before the Hon'ble Apex Court in Appeal Nos.6789- 6790/2020. The Hon'ble Apex Court dismissed the appeal filed by the respondent. Further, respondent filed a Writ Petition in W.P.No.13742/2020, the same came to be dismissed vide order dtd. 16/7/2021. The petitioners filed an application i.e., I.A.No.9, before the Trial Court seeking for a direction to the respondent to vacate the suit schedule property and handover the possession of the suit schedule property as per the order dtd. 13/3/2018. In support of the application, petitioners filed affidavit stating that the Trial Court directed the respondent to deposit arrears of rent within a period of one month, failing which, vacate the suit schedule property. It is contended that respondent has not complied the order passed by the Trial Court vide order dtd. 13/3/2018. The Respondent is liable to vacate the petitioners premises. Hence, prayed to issue a direction to respondent to hand over the possession of the suit schedule property. The said application opposed by the respondent by filing objection. The respondent has contended that the application filed by the petitioners is not legally sustainable in the eye of law. The respondent has admitted filing of the application by the petitioners and order passed by the Trial Court vide order dtd. 13/3/2018 and also admitted that the said order was confirmed by the Hon'ble Supreme Court. Further, it is contended that the respondent has suffered financial loss and was force to close the entire business, since September, 2014 till this day. The respondent is neither having money nor having any source of income to pay and depositing the arrears of rent as ordered by this Court. It is further contended that the petitioners intentionally dragging the proceedings of the suit without cross-examining the respondent since from 2015. It is further contended that the application filed by the petitioners is not maintainable. Hence, the respondent prayed to reject the application. The Trial Court, after hearing the parties, has kept the application in abeyance and the same is to be considered along with the merits of the matters. Hence, the petitioners being aggrieved by the said order filed this writ petition.

3. Heard learned counsel for the petitioners and learned counsel for respondent.

4. Learned c