It was submitted by the learned companynsel for the respondent that on that date also the appellant did number appear before the High Court.
When the matter came up for hearing before this Court on 25th September, 2018, we have asked Mr. Raghavendra S. Srivatsa, learned companynsel for the respondent landlord, to file calculation memo as to the arrears regarding subsequent rent payable.
By subsequent order dated 19th June, 2018, the High Court dismissed the application, I.A.No.1/2018, thereby declining to companydone the delay in depositing the said amount.
Petition No.25164/2013, under Order IX Rule 13 C.P.C. and the same was also dismissed vide order dated 24th November, 2016 on the ground that the appellant has number shown sufficient reason for his number appearance.
Another application, I.A. NO.2 of 2018, filed by the appellant was also came to be dismissed by the High Court which is impugned in this appeal.
Without prejudice to his companytention, the appellant shall deposit Rs.2,77,000/ Rupees Two Lakh Seventy Seven Thousand before the companycerned Trial Court within a period of eight weeks from today.
The appellant herein has filed an application, Misc.
In companypliance thereof, learned companynsel for the respondent has filed calculation memo stating that Rs.2,77,000/ Rupees Two Lakh Seventy Seven Thousand on as on 31st August, 2018 is due towards the future rent after adjusting an amount of Rs.2,73,000/ Rupees Two Lakhs Seventy Three Thousand deposited by the appellant.
In the said suit, the appellant herein did number appear and the suit was decreed ex parte on 4 th February, 2013.
Signature Not Verified Digitally signed by MAHABIR SINGH Date 2018.10.05 4 124426 IST Reason Being aggrieved, the appellant has approached the High Court and the High Court vide Order dated 28th November, 2017 has directed the appellant to deposit the arrears of rent, namely, Rs.2,73,000/ Rupees Two Lakhs Seventy Three Thousand within a period of two weeks.
The appellant companyld number deposit the same within the time stipulated by the High Court and the same was deposited on 26th March, 2018 with a delay.
The respondent has filed Civil Suit bearing O.S. NO.25571/2012 for eviction on the ground i Future payment of rent ii Termination of tenancy.
BANUMATHI, J. Leave granted.
Insofar as the future rent payable by the appellant is companycerned, the same shall be deposited by the appellant as per the calculation memo.
