Smt Ambika vs Smt Sarasamma
2021 Latest Caselaw 911 Kant

        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 15TH DAY OF JANUARY 2021

                           BEFORE

         THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

             CIVIL REVISION PETITION NO. 163/2020

BETWEEN :

1.      SMT. AMBIKA
        W/O NAGARAJ
        AGED ABOUT 36 YEARS,

2.      SRI. NAGARAJ
        AGED ABOUT 46 YEARS
        BOTH ARE R/AT NO.28,
        GROUND FLOOR
        SHRI GURU COFFEE KENDRA
        HOYSALA CIRCLE, 80 FT. ROAD,
        KENGERI UPANAGARA
        BENGALURU - 560 060.

        POSTAL ADDRESS:
        SHRI GURU COFFEE KENDRA
        NO.223, PARVATHI NAGAR
        LAGGERE MAIN ROAD,
        LAGGERE
        BENGALURU - 560 058.
                                             ... PETITIONERS
(By SRI.J.D. KASHINATH., ADVOCATE)

AND :

SMT. SARASAMMA
W/O H.M. MALLANNA
                                  2



AGED ABOUT 56 YEARS
RA/T NO. 28, 1ST FLOOR
HOYSALA CIRCLE
80 FT. ROAD,
KENGERI UPANAGARA
BENGALURU - 560 060.
                                                 ... RESPONDENT
(By SRI.SURYA MUKUNDA RAJ.L, ADVOCATE)

      THIS CRP IS FILED UNDER SEC.18 OF SMALL CAUSES
COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED
06.02.2020 PASSED IN SC. NO. 519/2019 ON THE FILE OF THE
VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER
MACT, BENGALURU DECREEING THE SUIT FOR EJECTMENT.

     THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                              ORDER

This petition is filed by the defendants in

S.C.No.519/2019 on the file of the VIII Additional Small

Causes & ACMM, Member-MACT, Bengaluru [SCCH-5] (for

short, 'the Small Causes Court'). The petitioners have

impugned the Judgment and Decree dated 6.2.2020. The

Small Causes Court has directed the petitioners to vacate and

handover vacant possession of the subject property to the

respondent within thirty days.

2. The learned counsel for the petitioners submits that

the petitioners, during the pendency of this petition, have

actually vacated the subject premises, but they have to

remove certain belongings from the premises. The petitioners

would remove these belongings as well within fifteen days

from today and handover the keys of the vacant premises to

the respondent.

3. The learned counsel for the respondent submits that

the respondent has already initiated execution proceedings,

and in the light of the present submission, the petition could

be disposed of granting reasonable time to the petitioners to

remove the belongings from the subject premises with liberty

to the respondent to recover rental arrears in terms of the

decree.

4. Considering the submissions made by the learned

counsel for the parties, this Court is of the view that the

petitioners should be granted thirty days from today to

handover the keys of the vacant premises to the respondent

with liberty to the respondent to prosecute the execution

proceeding if there is failure to handover the keys. The

respondent shall also be at liberty to recover the rental

arrears, if due, in terms of the decree.

The revision petition stands disposed of accordingly. All

pending applications stand disposed of.

SD/-

JUDGE

AN/-