Smt Shazamani Akthar @ Chand Begum vs Kubira
2023 Latest Caselaw 5310 Kant

Citation : 2023 Latest Caselaw 5310 Kant
Judgement Date : 4 August, 2023

Karnataka High Court

Smt Shazamani Akthar @ Chand Begum vs Kubira on 4 August, 2023

Bench: H T Prasad

                                               -1-
                                                     NC: 2023:KHC:27381
                                                         CRP No. 337 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF AUGUST, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         CIVIL REVISION PETITION NO. 337 OF 2023 (SC)
                   BETWEEN:

                   SMT SHAZAMANI AKTHAR
                   @ CHAND BEGUM
                   AGED ABOUT 73 YEARS
                   W/O LATE ABID ALI ANSARI
                   PRESENTELY R/AT NO 40, R V ROAD
                   BASAVANAGUDI, BENGALURU 560004.
                   REP BY HER POWER OF ATTORNEY HOLDER
                   MR ABDUL WAHAB ANSARI
                   AGED ABOUT 49 YEARS
                   S/O LATE MR ABID ALI ANSARI
                   R/AT NO 40, R V ROAD
                   BASAVANAGUDI, BENGALURU 560004.
                                                               ...PETITIONER
                   (BY SRI. VIJAYA KUMAR K., ADVOCATE)
                   AND:
Digitally signed
by                 1.    KUBIRA
DHANALAKSHMI
MURTHY                   W/O LATE SYED SHOIB
Location: High           AGED ABOUT 62 YEARS
Court of
Karnataka          2.    SYEDA ROOHI SHOAIB
                         D/O LATE SYED SHOIB
                         AGED ABOUT 36 YEARS

                   3.    SALMAN SHOAIB
                         S/O LATE SYED SHOIB
                         AGED ABOUT 32 YEARS

                   4.    SYEDA AMEERA SHOAIB
                         D/O LATE SYED SHOIB
                             -2-
                                   NC: 2023:KHC:27381
                                       CRP No. 337 of 2023




     AGED ABOUT 33 YEARS

5.   MOHAMMED SHOAIB
     S/O LATE SYED SHOIB
     AGED ABOUT 30 YEARS

6.   DANIYA SHOAIB
     S/O LATE SYED SHOIB,
     AGED ABOUT 27 YEARS,
     RESPONDENT No.1 TO 6 R/AT NO 36
     RV ROAD, OPP VIJAYA COLLEGE
     BANSAVAGUDI, BENGALURU 560004.
                                           ...RESPONDENTS
(BY SRI. S R SREEPRASAD., ADVOCATE)
     THE CRP IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSE COURTS ACT 1964. AGAINST THE
JUDGMENT AND DECREE DATED: 05.04.2023 PASSED IN
S.C.NO.1300/2016 ON THE FILE OF THE XIII ADDITIONAL
SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES,
MEMBER, MACT-15, BENGALURU, DECREEING THE SUIT FOR
EJECTMENT.

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

Even though the matter is posted for admission, with

the consent of the learned counsel for the parties, the

matter is heard finally.

1. This petition is filed by the petitioner-defendant

under Section 18 of the Karnataka Small Cause Courts Act

challenging the judgment and decree dated 5.4.2023

NC: 2023:KHC:27381 CRP No. 337 of 2023

passed by the XIII Addl. Small Causes and ACMM and

Addl. MACT, Bengaluru in S.C.No.1300/2016.

2. For the sake of convenience, the parties are referred

to as per their ranking before the Trial Court.

3. The plaintiffs had filed the suit for ejectment. On

service of summons, the defendant appeared and filed

written statement and denied the plaint averments. After

hearing the arguments of the parties, The Trial Court by

impugned judgment and decree dated 5.4.2023 has

decreed the suit and directed the defendant to quit, vacate

and deliver the vacant possession of the suit property to

the plaintiffs within two months from the date of the

judgment. Being aggrieved by the same, the petitioner-

defendant has filed this petition.

4. The learned counsel for the petitioner-defendant

submitted that the petitioner-defendant has agreed to

vacate and handover the vacant possession of the suit

schedule property to the respondents-plaintiffs on or

NC: 2023:KHC:27381 CRP No. 337 of 2023

before 31.3.2025 and has also agreed to pay a monthly

rent of Rs.6,000/- to the plaintiffs from the month of

August 2023 till the date of vacating the premises.

5. The learned counsel for the respondents-plaintiffs

has conceded for the same. He further submitted that the

office may be directed to release the amount in deposit in

favour of plaintiff No.5/respondent No.5, Mr.Mohammed

Shoaib.

6. The submission of the learned counsel for the parties

is placed on record.

7. In view of the submissions of the learned counsel for

the parties, I pass the following order:

ORDER

a) The Civil Revision Petition is disposed of.

b) The judgment and decree dated 5.4.2023 passed by the XIII Addl. Small Causes and ACMM and Addl. MACT, Bengaluru in S.C.No.1300/2016 is modified.

NC: 2023:KHC:27381 CRP No. 337 of 2023

c) The petitioner-defendant is directed to quit, vacate and handover the vacant possession of the suit schedule premises on or before 31.3.2025 without seeking for any further extension of time.

d) The petitioner-defendant shall pay monthly rent of Rs.6,000/- to the plaintiffs-respondents to the plaintiffs from the month of August 2023 till the date of vacating the premises.