M/S Water Angels vs Sri.J.C.Rudra Sharma

Citation : 2025 Latest Caselaw 9596 Kant
Judgement Date : 30 October, 2025

Karnataka High Court

M/S Water Angels vs Sri.J.C.Rudra Sharma on 30 October, 2025

Author: V Srishananda
Bench: V Srishananda
                                        -1-
                                                    NC: 2025:KHC:43734
                                                    CRP No. 93 of 2022


           HC-KAR




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 30TH DAY OF OCTOBER, 2025

                                    BEFORE
                    THE HON'BLE MR. JUSTICE V SRISHANANDA
                 CIVIL REVISION PETITION No.93 OF 2022(SC)

          BETWEEN:

          1.    M/S WATER ANGELS
                A REGISTERED PARTNERSHIP FIRM
                HAVING ITS OFFICE AT
                NO.186/2, SUBEDAR CHATRAM ROAD
                (GUBBI VEERANNA ROAD)
                SHESHADRIPURAM
                BENGALURU-560 020
                REPRESENTED BY ITS
                MANAGING PARTNER
                SRI N KRISHNAKANATH

          2.    SRI N KRISHANKANTH
                S/O LATE SATHYANARAYANA
                AGED ABOUT 35 YEARS,
                RESIDING AT FLAT NO.T-1
                ADITI VICTORY-2, NO.28, 1ST CROSS
Digitally       SRIRAMPURA
signed by
MALATESH        BENGALURU-560 021
KC
Location: 3.    SRI A U PRAVEEN
HIGH            S/O SRI B S UMESH
COURT OF        AGED ABOUT 34 YEARS,
KARNATAKA       RESIDING AT NO.G1
                ADITI VICTORY-2 NO.28
                1ST CROSS, SRIRAMPURA
                BENGALURU-560021
                                                        ...PETITIONERS
          (BY SRI VIKYATH B, ADVOCATE)
                               -2-
                                           NC: 2025:KHC:43734
                                           CRP No. 93 of 2022


HC-KAR




AND:

1.   SRI.J.C.RUDRA SHARMA
     S/O LATE J CHINNAPPA
     AGED ABOUT 91 YEARS,
     RESIDING AT NO.6
     RAMACHANDRA AGRAHARA
     4TH MAIN ROAD, CHAMARAJAPET
     BENGALURU-560018

2.   SRI B N VISHWANATH
     S/O SRI T V NARAYANA SWAMY
     AGED ABOUT 63 YEARS,
     R/AT AT FLAT NO.301
     NO.12/13 3RD FLOOR 28TH CROSS
     2ND MAIN 7TH BLOCK JAYANAGAR
     BENGALURU-560082
                                                ...RESPONDENTS
(BY SRI. VIJAYAKUMAR R, ADVOCATE FOR R1;
VIDE ORDER DATED 30.10.2025, R2 IS DELETED IN VIEW OF
MEMO FILED IN COURT)
    THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
CAUSES COURTS ACT AGAINST THE JUDGMENT AND DECREE
DATED 08.11.2019 PASSED IN S.C.No.895/2019 ON THE FILE
OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT,
ARREARS OF RENT AND MESNE PROFIT.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA


                         ORAL ORDER

Joint memo filed which reads as under:

"The petitioners and respondents humbly submits as follows:
-3-
NC: 2025:KHC:43734 CRP No. 93 of 2022 HC-KAR
1. The Petitioners are filing the present Revision Petition aggrieved by the judgment and decree dated 08.11.2019 passed by the Trial Court in S.C. 895/2019. The case of Respondent No.1 is that Respondent No.2 had taken the suit schedule property from Respondent No.1 on the basis of a lease deed dated 01.04.2012 for a period of five years commencing from 01.04.2012 till 31.03.2017 and that Rs.2,00,000/-(Rupees Two Lakh only) was deposited by Respondent No.2 with Respondent No.1 as refundable security deposit. The suit was filed by Respondent No. 1 for the reliefs of ejectment, arrears of rent and mesne profits. Pursuant to this, the suit in S.C.895/2019 was instituted by Respondent No.1. The Trial Court issued summons to the Petitioners and Respondent No.2 and placed them ex-parte. The Petitioners were misled by the Respondents to not contest the suit. Respondent No.1 got examined PW-1 and got 13 documents marked as Exhibit P1 to P13. Pursuant to that, the Trial Court heard Respondent No.1 and passed the impugned judgment and decree dated 08.11.2019.
2. The present Revision Petition is restricted to that part of the decree whereby the Petitioners have been directed to pay arrears of rent, mesne profits at the rate of 15,000 per month from 01.01.2019 till the actual delivery of vacant possession of the suit schedule premises and the costs awarded by the Court of Small Causes, Bengaluru.

Since the Petitioners are neither sub tenants nor in occupation in the schedule premises in whatsoever manner, they are not questioning the decree insofar as it -4- NC: 2025:KHC:43734 CRP No. 93 of 2022 HC-KAR directs them to handover the possession of the schedule premises.

3. The petitioners and submits that as per the directions of this Hon'ble Court the petitioners and respondents have agreed to settle the matter pending as follows:

4. The Petitioner in has agreed to pay sum of Rs. 2,50,000/- as full and final settlement, and is paying Rs.25,000/- in D.D.No.011647 Dated 30/10/2025 drawn in favour of HDFC Bank and the balance of Rs.2,25,000/- shall be paid via Demand draft on 14/11/2025 before this Hon'ble Court as per the direction of this Hon'ble Court. In addition to Rs.3,00,000/- deposited before this Hon'ble Court as per Interim Order.

5. The respondent do not have any objections to allow the above said petition.

6. The petitioners and respondents submit that there is no coercion or force, fraud or any undue influence in filing the above joint memo.

Wherefore the petitioners and the respondents humbly pray that this Hon'ble Court may be pleased to allow the petition in the interest of justice."

2. On behalf of the respondent, Sri Vijayakumar, learned counsel for the respondent has filed the joint memo and -5- NC: 2025:KHC:43734 CRP No. 93 of 2022 HC-KAR submits that respondent No.2 is not necessary for effective disposal of the petition.

3. Learned counsel for the petitioners has filed a memo for deleting respondent No.2. Memo is taken on record and respondent No.2 is deleted.

4. Rs.25,000/- by way of demand draft as mentioned in the joint memo is tendered today. As per the joint memo, balance amount is to be paid on or before 14th November 2025.

5. Hence, the following:

ORDER
(i) Petition stands disposed of in terms of the joint memo.
(ii) Office to pass the modified decree.
(iii) If the amount as agreed in the joint memo is not paid on or before 14th November 2025, respondent No.1 is entitled to execute the decree for the balance amount.
(iv) Relist on 14th November 2025, for reporting compliance.

Sd/-

(V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 55