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2024 Supreme(Online)(KAR) 37505

HIGH COURT OF KARNATAKA
R. NATARAJ
MRS DIVYA P – Appellant
Versus
MR M J ADENS – Respondent


Petitioner Advocates:RAGHU BABU N ,Respondent Advocate: ALWYN SEBASTIAN

ORAL ORDER

The defendants in Com.O.S.No.1090/2023 pending trial before the LXXXV Additional City Civil and Sessions Judge, Bengaluru (henceforth referred to as 'commercial Court') have filed this petition challenging the correctness of an order dated 15.02.2024 by which, they were directed to handover the keys of the schedule 'A' property to the plaintiff.

2. The parties shall henceforth be referred to as they were arrayed before the commercial Court. The petitioners herein were the defendants, while the respondent was the plaintiff before the commercial Court.

3. The suit in Com.O.S.No.1090/2023 was filed for ejectment of the defendants from the suit schedule 'A' property and for recovery of arrears of rent and for compensation towards depreciation of machineries and tools handed over to the defendants at the time of entering into a lease agreement. The plaintiff claimed that he was the owner of the suit schedule 'A' property and had leased it out to the defendants for commercial purposes. He claimed that he issued a notice dated 10.03.2023 terminating the tenancy and called upon the defendants to handover the possession of the suit schedule 'A' property. Since the defendants failed

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