Sri Lalsab S/O Jalalsab Agali vs Smt Arunti W/O Hemachandra ...
2023 Latest Caselaw 11319 Kant

Karnataka High Court

Sri Lalsab S/O Jalalsab Agali vs Smt Arunti W/O Hemachandra ... on 20 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                        -1-
                                                NC: 2023:KHC-D:14970
                                                  CRP No. 100132 of 2023




                        IN THE HIGH COURT OF KARNATAKA,
                                DHARWAD BENCH

                   DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                      BEFORE

                THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                    CIVIL REVISION PETITION NO.100132/2023

            BETWEEN:

            SRI LALSAB
            S/O. JALALSAB AGALI,
            AGE: 72 YEARS,
            OCC: BUSINESS,
            R/O: BACKSIDE OF VALMIKI BHAVAN,
            OLD POST OFFICE,
            KESHWAPUR,
            HUBBALLI - 580 023.
                                                             ...PETITIONER
            (BY SRI SADIQ N. GOODWALA, ADVOCATE)

            AND:

            SMT. ARUNTI
            W/O. HEMACHANDRA DANDAPPANAVAR,
            AGE: 80 YEARS,
Digitally
            OCC: HOUSEHOLD WORK,
signed by   KESHWAPUR,
SUJATA      HUBBALLI - 580 023.
SUBHASH
PAMMAR                                                     ...RESPONDENT
            (BY SRI SURESH N. KINI, ADVOCATE)


                 THIS CRP IS FILED U/SEC. 115 OF CPC, PRAYING TO SETTING
            ASIDE THE JUDGMENT DATED 03.07.2023 PASSED BY III
            ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
            FIRST CLASS, HUBBALLI IN S.C.NO.48/2021, IN THE INTEREST OF
            JUSTICE AND EQUITY.


                 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                                      -2-
                                           NC: 2023:KHC-D:14970
                                             CRP No. 100132 of 2023




                                ORDER

The Civil Revision Petition is filed challenging the

order passed in S.C.No.48/2021 dated 03.07.2023 by III

Addl. Senior Civil Judge and JMFC., Hubballi.

2. The relationship between the petitioner and

respondent herein as tenant and owner of the petition

schedule premises is not disputed.

3. The trial court has decreed the suit and directed the

petitioner herein to vacate and handover the vacant

possession of the suit property within sixty days from the

date of order and also ordered that the respondent herein

is entitled for rent at Rs.3,500/- per month and mesne

profit of Rs.2,000/- per month from the date of

termination of the tenancy till handing over the vacant

possession of the suit property.

4. Today, the learned counsel appearing for the

petitioner submitted that matter is settled between the

parties and the petitioner herein undertakes to vacate the

NC: 2023:KHC-D:14970

petition premise and hand over the possession of the

property to the respondent and further submitted that the

petitioner will file an undertaking affidavit in this regard by

tomorrow.

5. In view of the submissions made above, this Civil

Revision Petition is disposed of confirming the order

passed by the trial court. However, one year time is

granted to the petitioner to vacate and hand over the

vacant possession of the petition schedule premises to the

respondent from today. The petitioner shall file an affidavit

undertaking in this regard.

6. Learned counsel for the respondent has filed memo

stating that in view of the undertaking affidavit to be filed

by the petitioner, the respondent is intended to withdraw

the Execution Petition filed before the trial Court. Memo is

placed on record and respondent is permitted to withdraw

the Execution petition.

NC: 2023:KHC-D:14970

7. In case, the petitioner fails to vacate and hand over

the vacant possession of the petition premise, then the

execution case and this petition will get revived.

SD/-

JUDGE

HMB

CT-ASC