ORDER

1. Petitioner is the plaintiff in Com.O.S.No.114/2024 on the file of XI Additional District and Sessions Judge, Bengaluru Rural (Commercial Division). On the ground that it is a tenant in the suit schedule property and that there is a dispute as to who is entitled to collect the rents, the petitioner herein has filed Com.O.S.No.114/2024 with the following prayers:

"Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to pass a decree in favour of the Plaintiff:

(a) Deciding and directing as to whom the Plaintiff shall pay/deposit the rentals etc., particularly the admitted rent @ Rs.60 per sq. ft per month in respect of 3,03,394 sq. ft. of the North Tower (Schedule C property) w.e.f. 1 March 2024 till resolution, against the use and exploitation of the premises (Schedule C hereinabove mentioned) and shall discharge its obligations as a Tenant of that portion;

(b) Deciding and directing as to whom the Plaintiff shall pay/deposit the rentals under the registered Lease Deed dated 27-6-2022 in respect of 3,95,944 sq. ft. of the South Tower (Schedule B property) w.e.f. 1st March 2024 till resolution against the use and exploitation of the premises (Schedule B hereinabove mentioned) and shall discharge its obligations as a Tenant of that portion;

(b) Permanently restraining the Defendants jointly and severally and their men to not hinder or interfere or obstruct the peaceful usage of the Schedule Properties in any manner and more particularly the Schedule C property during the subsistence of the lease at par with the leases of other portions (Schedule B) and (c) Direct the Defendant concerned to accept the rents and payments from the Plaintiff without any lis or litigation by complying with all the necessary statutory and leasehold obligations and pass on receipts and acknowledgements, and (d) To pass such other order, directions or decree as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2. Along with the said original suit, the petitioner/plaintiff has filed an application under Section 151 of CPC with the following prayer:

"That for the reasons stated in the accompanying affidavit it is humbly prayed that the plaintiff be permitted to deposit the rents to an extent of 3,03,394 sq. ft. payable by it w.e.f. 01.03.2024 at the rate of Rs.60/- per sq.ft. per month in respect of Schedule-C property before the Hon'ble Court in an interest earning account and do such aspects as may be directed in aid thereto in the interest of justice and equity."

3. The petitioner/plaintiff has also filed an application under Order 39 Rules 1 and 2 of CPC with the following prayer:

"That for the reasons stated in the accompanying affidavit it is humbly prayed that the Defendants be jointly and severally restrained by an order of temporary injunction from hindering or obstructing the peaceful possession and enjoyment of Suit Schedule Properties or portions thereof by the plaintiff in the interest of justice and equity."

4. The trial court, based upon the pleadings and the materials placed before it, came to the conclusion that it is not a fit case to grant an ex parte interim order and hence passed the following order:

"O R D E R Issue Emergent Notice on I.A.No.III and suit summons to the defendants through court and RPAD, if PF is paid.

R/by 25.04.2024."

2. Aggrieved by refusal of the ex parte interim order, the present writ petition is filed with the following prayers:

"The Petitioner pray that this Hon'ble Court may be pleased to allow this Writ Petition by i) Quashing the Order dated 05.04.2024 at Annexure-

A passed by the XI Additional District and Sessions Judge, Bengaluru Rural (Commercial Division) in Com.OS No.114/2024 in so far as issuing emergent notice to the respondents and also consequently grant permission to deposit rents of the suit schedule property until the disposal of application in IA No.3 under order 151 of CPC filed by the Petitioner issuing a Writ of Certiorari. (An