Sri. Krishna Kuppaiah Naik vs Smt. P Manjula Devi
2022 Latest Caselaw 9480 Kant

Citation : 2022 Latest Caselaw 9480 Kant
Judgement Date : 23 June, 2022

Karnataka High Court

Sri. Krishna Kuppaiah Naik vs Smt. P Manjula Devi on 23 June, 2022

Bench: S.R.Krishna Kumar

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 23RD DAY OF JUNE, 2022

                        BEFORE

   THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              R.F.A.NO. 265 OF 2022 (EJE)
BETWEEN

SRI. KRISHNA KUPPAIAH NAIK
S/O KUPPAIAH
AGED ABOUT 44 YEARS
SHOP PREMISES NO. 2220
'D' GROUP LAYOUT, 60 FEET ROAD
GIDADA KONENAHALLI
MAGADI MAIN ROAD
BENGALURU - 560 091.

ALSO AT:

SRI. KRISHNA KUPPAIAH NAIK
S/O KUPPAIAH
R/AT NO.1499, NEAR RTO OFFICE
M. VISHWESHWARAIAH LAYOUT
BENGALURU - 560 091.
                                             ...APPELLANT
(BY SRI. H.V.MANJUNATHA, ADVOCATE)

AND

SMT. P. MANJULA DEVI
D/O LATE PATTABHIRAMA SETTY
AGED ABOUT 61 YEARS
R/AT NO. 31, 7TH MAIN
7TH CROSS, SUBBANNA GARDEN
VIJAYANAGAR
BENGALURU - 560 040.
                                            ...RESPONDENT

(BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE)
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      THIS APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 21.01.2020 PASSED IN
O.S.NO.4290/2019 ON THE FILE OF THE LXV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING
THE SUIT FOR EJECTMENT.

      THIS APPEAL COMING ON FOR ADMISSION , THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant and learned counsel

for the respondent have filed a Joint Memo to the effect that

the appellant shall voluntarily quit and deliver the vacant

possession of the suit schedule property to the respondent on

or before 23.04.2023.

2. In the said Joint Memo, the appellant has

undertaken not to keep any arrears of rent and continue to pay

the rent as and when it falls due. The appellant / tenant has

also undertaken that he will not sub-let, under-let or part with

the possession of the suit schedule property in favour of

anyone else and shall voluntarily quit and deliver vacant

possession of the suit schedule property in favour of the

respondent / landlord on or before 23.04.2023. The said Joint

Memo reads as under:

"Joint Memo The parties hereto have settled the dispute after the intervention of the well-wishers and the terms of the settlement as hereunder:

1. The appellant has agreed and undertakes to vacate and handover the suit schedule premises to the respondent on or before 10 months from today i.e., on or before 23.04.2023 unconditionally and without seeking any further extension of time and the respondent has agreed to the same.

2. The appellant undertakes to pay the rent regularly without committing any defaults till the expiry of the above said 10 months period.

3. The appellant has also agreed and undertakes that he shall not sub-let or create any third party rights over the schedule property.

Wherefore, it is most humbly prayed that in terms of the above stated terms as agreed between the parties hereto this Hon'ble Court may kindly be pleased to dismiss the above appeal, in the interest of justice and equity."

3. In view of the settlement arrived at between the

parties, appeal is disposed of directing the appellant to quit

and deliver vacant possession of the suit schedule property in

favour of respondent / landlord voluntarily on or before

23.04.2023 subject to the condition that the appellant shall not

keep any arrears of rent and shall continue to pay monthly

rent as and when it falls due to the respondent / landlord

promptly and regularly. It is further directed that the appellant

shall not sub-let, under-let or part with the possession of the

suit schedule property in favour of anyone else.

4. In view of the settlement arrived between the

parties, Registry is directed to refund the entire Court fees