Karnataka High Court
K P Murali vs V.C.Rudresh on 21 December, 2021
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
C.R.P. NO.370/2021 (SC)
BETWEEN:
1. K.P. MURALI
AGED ABOUT 56 YEARS
S/O. LATE K.P. SAMPATH REDDY.
2. K.P. MAHESH
AGED ABOUT 51 YEARS
S/O. LATE K.P. SAMPATH REDDY.
BOTH ARE RESIDING AT NO.120,
3RD CROSS, SHARADA COLONY,
BASAVESHWARA NAGAR
BENGALURU - 560 079.
... PETITIONERS
(BY SRI. NARASIMHA MURTHY K. ADVOCATE)
AND:
V.C. RUDRESH
AGED ABOUT 52 YEARS
S/O. LATE S.R. CHICKAVEERAPPA
R/AT # 441, 2ND FLOOR, 3RD CROSS,
2ND BLOCK, 1ST STAGE,
NAGARABHAVI,
KALYANANAGAR,
BENGALURU - 560 072.
...RESPONDENT
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
2
THIS C.R.P. IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSES COURTS ACT, 1964 AGAINST THE
ORDER DATED 26.10.2021 PASSED IN S.C. NO.1625/2018 ON
THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND
ACMM., BENGALURU, PARTLY DECREEING THE SUIT FOR
EJECTMENT.
THIS C.R.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
The defendant in S.C. No.1625/2018 on the file of
XXIV Additional Small Causes Judge and M.A.C.T. &
A.C.M.M. (SCCH-26), Bengaluru has filed this Revision
Petition under Section 18 of the Karnataka Small Causes
Courts Act, 1964 challenging the judgment dated
26.10.2021, by which he was ordered to be evicted from
the suit premises.
2. During the pendency of this Revision Petition
the parties have entered into a settlement and have filed a
Joint Memo, which reads as follows :
"JOINT MEMO
Petitioners No.1 and 2 and the respondent submit
as below:
1. Petitioners have challenged the order dated
26.10.2021 in S.C. No.1625/2018 on the file of
XXIV Additional Small Causes Judge (SCCH-26) at
Bangalore City, decreeing the said suit in part and
directing the petitioners to hand over the vacant
possession of the suit schedule property to the
respondent.
2. Petitioners are due to pay arrears of rent/mesne
profits at the rate of `4500/- per month from
01.06.2018 to 31.12.2021 at the rate of `4,500/-
per month. Petitioners agreed to pay the aforesaid
past rents/mesne profits to the respondents within
four weeks from today. Security deposit of
`1,00,000/- will be refunded to the petitioners at
time vacating premises on 30.06.2023.
3. Petitioners are granted one year six months' time
i.e., till the end of 30.06.2023, subject to the
payment of arrears of rents/mesne profits in a sum
of `1,89,000/- within one month from today.
4. Petitioners undertake to pay the future
rents/mesne profits at the rate of `8000/- per
month from 01.01.2022 till 30.06.2023 regularly
and as an when it falls due every month.
5. In default on the part of the petitioners to pay the
arrears of rents/mesne profits in a sum of
`1,89,000/- or if the default to pay the future
rents/mesne profits regularly as stated above, the
time granted stands cancelled and the respondent
is entitled to execute the eviction decree dated
26.10.2021 in S.C. No.1625/2018 on the file of
XXIV Additional Small Causes Judge (SCCH-26) at
Bangalore City.
WHEREFORE, the petitioners and the
respondent pray that an order be passed by this
Hon'ble Court in above terms and revision be
disposed off in the interest of justice."
3. Since the settlement entered into between the
parties is just and proper, the same is accepted. In view
of the above, the judgment passed by the Trial Court in
S.C. No.1625/2018 is upheld and this revision petition is
disposed off accordingly.
4. However, time granted to the petitioner to
vacate and hand over vacant possession is extended upto
30.06.2023 subject to payment of arrears of rent of a sum
of `1,89,000/- within one month from today and to pay
future rent at the rate of `8,000/- per month from
01.01.2022 till 30.06.2023 regularly without any default.
Sd/-
JUDGE
hnm
