Karnataka High Court
Sri Mularam vs Sri Manjunath B K on 29 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:29886
CRP No. 415 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 415 OF 2024 (SC)
BETWEEN:
SRI MULARAM
S/O GISARAMJI
AGED ABOUT 53 YEARS
R/AT NO.12, II FLOOR
3RD CROSS, 5TH MAIN
S.R. NAGAR, BENGALURU-560 027
AND ALSO AVAILABLE AT;
SHOP PREMISES BUILDING NO.510/1
MURAGAN BUILDING, AVENUE ROAD
BENGALURU-560 002.
...PETITIONER
(BY SRI. H.J. SANGHVI, ADVOCATE)
AND:
Digitally signed by SRI MANJUNATH B K
R HEMALATHA
Location: HIGH S/O LATE B.N. KRISHNAIAH SETTY
COURT OF AGED ABOUT 67 YEARS
KARNATAKA
R/AT 510A, MURAGAN BUILDINGS
AVENUE ROAD
BENGALURU-560 002
...RESPONDENT
(BY SRI. G.T. KUMAR, ADVOCATE FOR C/R)
THIS CRP IS FILED UNDER SECTION 18 OF SMALL
CAUSES COURT ACT, 1964 AGAINST THE JUDGMENT AND
DECREE DATED 21.03.2024 PASSED IN SC NO.1102/2016 ON
THE FILE OF XIII ADDITIONAL JUDGE AND ACMM, COURT OF
SMALL CAUSES, MEMBER, MACT 15, BENGALURU
DECREEING THE SUIT FOR EJECTMENT.
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NC: 2024:KHC:29886
CRP No. 415 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The challenge pertains to the judgment and decree passed by the XIII Additional Small Causes Judge and ACMM and Additional MACT, Member, Bengaluru (SCCH-15), in S.C. No. 1102/2016. The suit filed by the respondent-plaintiff was decreed, directing the petitioner-defendant to quit, vacate, and hand over the vacant possession of the suit schedule property to the respondent- plaintiff within three months from the date of the order.
2. The learned counsel for the petitioner, after arguing the matter for some time, on instruction, seeks leave of this Court to withdraw the petition, requesting one year to vacate the scheduled premises.
3. The submission is placed on record.
4. Accordingly, the petition stands disposed of, granting the petitioner one year from 01.08.2024 to vacate the subject premises on or before 31.07.2025, subject to the payment of arrears of rent after deducting an advance amount of Rs.50,000/-, and to continue to pay the rent monthly as when it falls due.
5. Failure to pay the arrears of rent within 30 days from the date of receipt of the certified copy of this order, and failure to -3- NC: 2024:KHC:29886 CRP No. 415 of 2024 pay the monthly rent as and when it falls due, will entitle the respondent to execute the decree and take possession of the subject premises in accordance with law.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR