Vijaya Shankar A.V vs State Bank Of Mysuru
2022 Latest Caselaw 4812 Kant

                           -1-



        IN THE HIGH COURT OF KARNATAKA AT
                    BENGALURU

      DATED THIS THE 15th DAY OF MARCH, 2022

                          PRESENT

THE HON'BLE MR.RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

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

         WRIT APPEAL No.200/2022 (GM-PP)

 BETWEEN:

 VIJAYA SHANKAR A.V.,
 S/O A.S.V.MANI
 AGED ABOUT 80 YEARS,
 PROPRIETOR,
 M/S KADAK EXPRESS,
 NO.190, OLD BANK ROAD,
 SARDAR PATEL ROAD,
 MYSURU-560 001.
                                        ... APPELLANT
 (BY SRI SHIVARAMA BHAT O., ADVOCATE)

 AND:

 1.     STATE BANK OF MYSURU
        (NOW MERGED WITH STATE BANK OF INDIA)
        A BODY CORPORATE CONSTITUTED
        UNDER THE STATE BANK OF INDIA ACT, 1995
        (ACT NO.23/1995) SUCCESSOR,
        STATE BANK OF MYSURU
        HAVING ITS LOCAL HEAD OFFICE,
        AT NO.65, ST MARKS ROAD,
        BENGALURU-560 001
        AND HAVING A BRANCH
        KNOWN AS MARKET
        BRANCH NO.190-M-67
        SAYYAJI ROAD, MYSURU-570 001
        REPRESENTED BY ITS CHIEF MANAGER.
                           -2-



2.   THE ESTATE OFFICER
     STATE BANK OF MYSURU
     (NOW MERGED WITH STATE BANK OF INDIA)
     PREMISES DEPARTMENT, H.O. K.G.ROAD,
     BENGLAURU-560 009
     REP. BY ITS ASSISTANT GENERAL MANAGER

                                        ... RESPONDENTS

(BY SRI AMSHITH HEGDE, ADVOCATE FOR
    SRI MAHADEVA DESHAK, ADVOCATE)
                         ---
     THIS WA IS FILED UNDER SECTION 4 OF THE HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE IN SO FAR AS IT RELATES TO THE
APPELLANT IN WP NO.18177/2014 DATED 28.01.2022 BY
ALLOWING THIS APPEAL AND PASS SUCH OTHER AND
FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND
PROPER UNDER THE CIRCUMSTANCES OF THIS CASE.


     THIS WA COMING ON FOR PRELIMINARY HEARING
THIS DAY, S.R.KRISHNA KUMAR, J., DELIVERED THE
FOLLOWING:


                     JUDGMENT

This intra-Court appeal is directed against the

impugned order dated 28.01.2022 passed in

W.P.No.18177/2014 and connected matters, whereby

the learned Single Judge allowed the petitions filed by

the respondents - Bank, thereby directing eviction of

the appellant - petitioner from the subject premises. By

the impugned order, the learned Single Judge granted

time up to 31.03.2022 to vacate and hand over vacant

possession of the subject premises in favour of the

respondents - Bank.

2. After arguing the matter for some time, learned

counsel for the appellant submits that if six months time

is granted from today, the appellant shall voluntarily

hand over the vacant possession of the subject

premises in favour of the respondents - Bank without

driving the respondents - Bank to take recourse to

execution / enforcement proceedings.

3. Learned counsel for the respondents - Bank

submits that the respondents do not have any objection

for this Court to grant a period of six months in favour

of the appellant to vacate and hand over vacant

possession of the subject premises to the respondents

subject to the appellant filing an Affidavit of Undertaking

in this regard incorporating the usual terms and

conditions.

4. The said joint submission of the learned

counsel for the appellant as well as the respondents is

placed on record.

5. In the result, we pass the following:-

ORDER

(i) Appeal is hereby disposed of by modifying the

impugned order dated 28.01.2022 passed by the

learned Single Judge in W.P.No.18177/2014.

(ii) The appellant is granted time up to

15.09.2022 to voluntarily quit, deliver and hand over

the vacant possession of the subject premises in favour

of the respondents - Bank.

(iii) The appellant shall file an Affidavit of

Undertaking in this regard within a period of four weeks

from today undertaking to vacate and hand over the

vacant possession of the subject premises on or before

15.09.2022 to the respondents - Bank.

(iv) The said Affidavit shall also state that the

appellant shall pay rents / damages regularly in favour

of the respondents - Bank and will not sublet or

underlet or part with possession of the subject premises

in favour of anyone else.

(v) The said Affidavit shall also state that the

appellant shall not cause any damage to the subject

premises till he vacate and hand over vacant possession

in favour of the respondent - Bank as stated supra.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Srl.