Karnataka High Court
Virija Bhagavan vs State Bank Of Mysore on 5 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.A. NO.281 OF 2022 (GM-PP)
BETWEEN:
VIRIJA BHAGAVAN
W/O C.S. BHAGAWAN
AGED 80 YEARS
R/AT NO. 1098/CH8
DEVAPARTHIVA ROAD
CHAMARAJAPURAM
MYSORE - 05.
REP. BY HER GPA HOLDER
DINESH KUMAR K S
S/O K P SHIVAPPA
AGED 57 YEARS
R/AT 479, 14TH MAIN
SARASWATHIPURAM
MYSORE - 570 009.
... APPELLANT
(BY MR. GIRISHA N.R. ADV.,)
AND:
1. STATE BANK OF MYSORE
A BODY CORPORATE ESTABLISHED
2
UNDER THE PROVISIONS OF
STATE BANK OF INDIA
(SUBSIDIARY BANKS) ACT 1959
AT K R ROAD, BENGALURU - 560 009
AND HAVING A BRANCH KNOWN AS
MARKET BRANCH, NO. 190-M-67
SAYYAJI ROAD, MYSORE - 570 001
REPRESENTED BY ITS CHIEF MANAGER.
2. THE ESTATE OFFICER
STATE BANK OF MYSORE
PREMISES DEPARTMENT
H O, K G ROAD
BENGALURU - 560 009
REP. BY ITS ASST. GENERAL MANAGER.
... RESPONDENTS
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO QUASH THE
ORDER DATED 28/01/2022 IN WP NO.18442/2014 PASSED
BY THE HON BLE SINGLE JUDGE OF THIS COURT. QUASH
THE ORDER DATED 25/03/2011 IN CASE
NO.EVIC/MT/MY/4/2010 PASSED BY RESPONDENT NO.2
AND SET ASIDE THE ORDER OF EVICTION. PASS ANY SUCH
OTHER ORDER.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS
DAY, ACTING CHIEF JUSTICE, DELIVERED THE
FOLLOWING:
3
JUDGMENT
This intra Court appeal has been filed against
the order dated 28.01.2022 passed by the learned
Single Judge in W.P.No.18442/2014.
2. Learned counsel for the appellant fairly
submits that a similar writ appeal arising from the
same judgment, has been disposed of. In support of
the aforesaid submission, copy of judgment dated
15.03.2022 passed in W.A.No.200/2022 has been
placed on record. Learned counsel for the appellant
further submits that the appellant be granted three
months' time to vacate the premises.
3. For the reasons assigned in the judgment
dated 15.03.2022 passed in W.A.No.200/2022 and
with a view to maintain parity, the writ appeal is
disposed of by modifying the impugned order subject
to the following conditions:
(i) The appellant is granted time upto
05.12.2022 to voluntarily quit, deliver and
handover the vacant possession of the
subject premises in favour of the
respondent No.1.
(ii) The appellant shall file an Affidavit of
Undertaking in this regard within a period
of four weeks from today undertaking to
vacate and handover the vacant
possession of the subject premises on or
before 05.12.2022 to the respondent No.1.
(iii) The said Affidavit shall also state that
the appellant shall pay rents / damages
regularly in favour of the respondent No.1
and will not sublet or underlet or part with
possession of the subject premises in
favour of anyone else.
(iv) The said Affidavit shall also state that
the appellant shall not cause any damage
to the subject premises till he vacates and
handovers the vacant possession in favour
of respondent No.1 as stated supra.
In view of the disposal of the appeal, the pending
interlocutory application does not survive for
consideration and is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
RV
