Dr. Ramakrishna vs State Bank Of Mysore
2022 Latest Caselaw 11579 Kant

                              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.279 OF 2022 (GM-PP)
BETWEEN:

      DR. RAMAKRISHNA
      DECEASED BY LRS.

1.    M R NAGARAJA
      S/O LATE RAMAKRISHNA
      AGED 37 YEARS
      R/AT 510, 19TH CROSS, ARVINDNAGAR
      MYSORE - 570 008.

2.    M R SURENDRA
      S/O LATE DR. M. RAMAKRISHNA
      AGED 48 YEARS
      R/AT 252, 20TH CROSS, B BLOCK
      3RD STAGE, VIJAYANAGAR
      MYSORE - 570 017.

3.    SMT. PARAMESHWAI J. NAYAK
      W/O JEEVAN B. NAYAK
      AGED 40 YEARS
      R/AT G B TEMPLE TREES APARTMENT
      SIDDARTH NAGAR
      MYSORE - 570 011.
                                        ... APPELLANTS
(BY MR. GIRISHA N.R. ADV.,)
                           2




AND:

1.   STATE BANK OF MYSORE
     A BODY CORPORATE ESTABLISHED
     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.18441/2014 PASSED
BY THE HON BLE SINGLE JUDGE OF THIS COURT. QUASH
THE    ORDER     DATED    25/03/2011    IN    CASE
NO.EVIC/MKT/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:
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                       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.18441/2014.

2. Learned counsel for the appellants 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 appellants

further submits that the appellants 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 appellants are 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 appellants 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 appellants 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 appellants shall not cause any damage to the subject premises till they vacate and handover 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