Karnataka High Court
Sri.L. Biharilal vs Sri.M. Vijayakumar on 3 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:19070
CRP No. 26 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 26 OF 2024 (SC)
BETWEEN:
SRI.L. BIHARILAL
S/O LAXMICHAND,
AGED ABOUT 61 YEARS,
SHOP NO. 1 GROUND FLOOR,
PROPERTY NO. 3/1, KILARI ROAD,
BENGALURU-560053
ALSO RESIDING AT
LAXMI NIVAS, NO. 19/2
SHANTI ROAD, SHANTHINAGAR,
BENGALURU-560027.
...PETITIONER
(BY SRI. JEEVAN K.,ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA SRI.M. VIJAYAKUMAR
LAKSHMAMMA S/O LATE D MARIYAPPA
Location: HIGH AGED ABOUT 66 YEARS,
COURT OF RESIDING AT NO. 3/1
KARNATAKA KILARI ROAD, AVENUE ROAD CROSS,
BENGALURU-560053.
...RESPONDENT
(BY SRI. JAGADEESHA S. ADVOCATE)
THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL
CAUSES COURTS ACT., PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 08.12.2023 MADE IN S.C.NO.47/2023 ON THE FILE
OF SMALL CAUSES COURT, (VIII ADDL. JUDGE & ACMM COURT OF
SMALL CAUSES) AT BENGALURU AND REVERSE THE SAME, IN THE
INTEREST OF JUSTICE.
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NC: 2024:KHC:19070
CRP No. 26 of 2024
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
To set aside the judgment and decree dated 08.12.2023 made in S.C.No.47/2023 on the file of the Small Causes Court, (VIII Addl. Judge & ACMM Court of Small Causes) at Bengaluru and reverse the same, in the interest of justice.
2. By way of Judgment and decree dated 8.10.2023, the Small Causes Court, Bengaluru had decreed the suit in S.C. No.47/2023 directing the defendant therein to vacate the premises within 60 days from the date of the order on plaintiff returning the security deposit of Rs.2,50,000/-. It is challenging the same, the petitioner-defendant is before this Court.
3. Today, a compromise petition has been filed which reads as under:
COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 R/W 151 OF CIVIL PROCEDURE CODE The parties respectfully submit as follows. -3-
NC: 2024:KHC:19070 CRP No. 26 of 2024
1. That the Petitioner herein is the tenant under the respondent in respect of the property bearing No 3/1, PID No 28-46-3/1, measuring East to West 7 feet and North to South 20 feet in all measuring 140 sq feet situated at Killari Road, Avenue Road Cross Bengaluru. That the trial court in S.C No 47/2023 on the file of SCCH-05 Bengaluru directed the appellant herein to evict the suit premises within 60 days from the date of the order Le 08/12/2023. As against the said judgement of eviction the Petitioner tenant preferred this Revision before this Honourable Court.
2. That at the intervention of the friends, relatives and well wishers, both the parties herein have agreed to settle the matter amicably between them inorder to continue their cordial relationship in future also.
3. That the Petitioner agreed and undertakes to hand over the vacant possession of the schedule premises on or before 30/12/2024 to the respondent without driving him to file any execution petition in that regard of which the respondent as also agreed. That, both the parties have no claim with regard to either the rent or the security deposit payable by the respondent to the Petitioner.
Wherefore it is prayed that this Honourable Court may please to record the settlement arrived between the parties, same may kindly be recorded and the appeal may kindly disposed in the interest of justice.
SCHEDULE All that and parcel of shop premises bearing No.1 situated in the ground floor of the property bearing No 3/1, PID No 28-46-3/1, measuring East to West 7 feet and North to South 20 feet, in all measuring 140 sq feet situated at Killari Road, Avenue Road Cross, Bengaluru, together with electricity facility and bounded on the:
East By : Other two shops of premises No.3 West By: Passage leading to Premiese No 2 Killari Road Bengaluru -4- NC: 2024:KHC:19070 CRP No. 26 of 2024 North By: Killari Road South By: Premises No 2, Killari Road, Bengaluru
4. Both the petitioner and the respondent who are present in person before this Court confirm the terms of the settlement which has been arrived at. They further submit that the said settlement which has been arrived at is at their free will and volition and there is no undue influence or duress brought on them.
5. Accepting the said terms of compromise considering that the same as lawful, compromise is taken on record. Hence, the Judgment and decree dated 8.12.2023 passed in S.C. No.47/2023 stands modified in terms of the compromise petition filed.
6. Registry is directed to draw up decree accordingly.
Sd/-
JUDGE LN List No.: 1 Sl No.: 58