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Judgment
A.N. Venugopala Gowda, J.—Respondents/Plaintiffs have instituted O.S.2752/07 in the City Civil Court, Bangalore, against the Petitioners/Defendants for relief of partition and separate possession claiming 1/7th share in the suit schedule properties. The Petitioners/Defendants have filed the written statement and have contested the suit claim.
Plaintiffs filed I.A. under 0 40 R 1 CPC to appoint a receiver for management of the suit schedule properties. The Defendants filed their statement of objections. The Trial Court dismissed the said application on 28.10.09, which order was questioned by the Plaintiffs in MFA 8273/09. The said appeal was disposed of on 8.3.10 with observations.
Plaintiffs filed I.A.1, to direct the Defendants to deposit the rental collection to the extent of Plaintiffs'' share and I.A.2 to direct the Defendants to produce the accounts pertaining to the rent collected from the tenants along with documents to evidence the same. The Defendant No. 4 filed objections. The Trial Court, keeping in view the observations made in MFA 8273/09, has allowed I.As. 1 and 2. and has directed the Defendants to deposit 1/7th share of the rentals received from the suit schedule properties, to the Court, every month, till the disposal of the suit. The Office was directed to re-deposit the amount in a nationalised Bank in Fixed Deposit for two years initially and automatic renewal of the same till further orders are received from the Court. It has been made clear that the successful party would be entitled to the said amount. The Defendants were directed to render the annual accounts of the rental income and expenditure. The Defendants were directed to file accounts for the year 2009 within one month from the date of the order and to file the accounts for the year 2010 at the end of February, 2011 and to continue to do so every year thereafter in the month of February of succeeding years till the matter is finally disposed of. The said order has been questioned by the Defendants in these writ petitions.
After hearing the learned Counsel on both the sides, on 1.9.10, the Petitioners were directed to file an affidavit disclosing the income and expenditure as well as the liabilities with regard to suit schedule properties. An affidavit with annexures was filed on 22-9.10. The Plaintiffs have filed a counter affidavit with enclosures disputing the aforesaid affidavit filed by the Petitioners. There is a dispute with regard to the nature of properties, the income derived therefrom and the expenditure. On the said aspects, trial in the suit is called for.
However, learned Counsel on both sides agreed that, the Defendants shall deposit towards accumulated arrears, Rs. 2,00,000/- in Fixed Deposit, for a period of two years, in the name of R. Shashikumar i.e., the 2nd Defendant. The said amount shall be deposited by the Defendants in Vijaya Bank, Jaiahalli Branch, Bangalore, before 30.11.10 and the original FDR shall be immediately deposited in the Registry of the Trial Court.
The Petitioners/Defendants shall deposit Rs. 40,000/- every month, before 15th day of the succeeding month. Such deposit shall be for the period commencing from 1.10.10 till the suit is disposed of. The Defendants shall continue to deposit the sum of Rs. 40,000/- per month, in the name of R. Shashikumar, in the said bank and shall deposit concerned FDR''s immediately, in the Registry of the trial court. The Defendants shall simultaneously furnish the details of the deposit to the learned Counsel appearing for the Plaintiffs, i.e., by way of memo of deposit furnished in the trial court. The Defendants shall not be entitled to create any charge or lien on the deposits. No withdrawal is permissible without the specific order of trial court.
The suit is one for partition and separate possession. The 1st Defendant is a senior citizen. Suit has been instituted on 4.4.07. Since the pleadings are complete, in view of the provisions under the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, the Trial Court is directed to expedite the trial and disposal of the suit. To facilitate the Trial Court to do so, it is hereby directed that the Plaintiffs'' side of evidence shall be completed before 5.2.2011. The Defendants'' side of evidence shall be adduced and completed before 30.7.2011. The Trial Court shall hear the arguments and dispose of the suit within a period of two months from the date the trial of the suit is complete.
Both the parties shall render ready cooperation to the Trial Court for trial and disposal of the suit, within the period indicated supra.
The impugned order stands modified only to the above extent and the writ petitions stand disposed of accordingly.