Sri. Krishnamurthy Subramanya vs Smt Yogeetha B S
2023 Latest Caselaw 9192 Kant

Karnataka High Court

Sri. Krishnamurthy Subramanya vs Smt Yogeetha B S on 4 December, 2023

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                                                      NC: 2023:KHC:43823
                                                   CRP No. 126 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                     BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                    CIVIL REVISION PETITION NO. 126 OF 2023
            BETWEEN:
            SRI. KRISHNAMURTHY SUBRAMANYA
            PROPRIETOR,
            AGED ABOUT 55 YEARS
            A-1-PLAST, NO.208,
            80 FEET ROAD, KATHRIGUPPE,
            BANASHANKARI,
            3RD PHASE, 3RD STAGE,
            BENGALURU-560085.
                                                            ...PETITIONER
            (BY SRI. R.B.SADASIVAPPA, ADVOCATE FOR
                SRI. K.S. NARAYANA SWAMY, ADVOCATE)
            AND:
            SMT. YOGEETHA B.S.
            AGED ABOUT 43 YEARS,
            W/O LATE BABU,
            RESIDING AT NO.71/1,
            1ST CROSS, 1ST MAIN,
Digitally   K.E.B. LAYOUT,
signed by
SUMA        VIVEKANANDANAGAR,
Location:   KATHRIGUPPE,
HIGH        BENGALURU-560085
COURT OF
KARNATAKA                                                  ...RESPONDENT
            (BY SRI. SMT. RADHAMMA, ADVOCATE FOR
                SRI. SHIVAREDDY K.V., ADVOCATE)


                   THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES
            COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED
            01.12.2022 IN SC NO.735/2019 ON THE FILE OF THE COURT OF
            SMALL CAUSES, BANGALORE DECREEING THE SUIT FOR EVICTION.
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                                                    NC: 2023:KHC:43823
                                                   CRP No. 126 of 2023




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

                                 ORDER

The petitioner has challenged the judgment and decree

dated 01.12.2022 passed by the IX Additional Small Causes

Judge and Additional MACT, Bengaluru (henceforth referred to

as 'Trial Court') in S.C.No.735/2019, by which, he was directed

to quit and deliver vacant possession of the suit schedule

property to the respondent within three months from the date

of the judgment and decree.

2. When this petition was listed for admission on

28.11.2023, this Court after hearing both the parties,

suggested to the learned counsel for the petitioner and the

learned counsel for the respondent that the petitioner may be

continued to occupy the suit schedule property for a period of

two years, subject to he paying monthly rent of Rs.60,000/-.

The petitioner and the respondent, who were present in person,

accepted the same and accordingly, the petitioner and

respondent were directed to file a joint memo evidencing the

above.

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3. Today, the petitioner and the respondent have filed

a joint memo, which reads as follows:-

"JOINT MEMO FILED ON BEHALF OF THE PETITIONER AND RESPONDENT

The Petitioner and Respondent above named respectfully submit as follows:

1) It is submitted that, the petitioner has filed the above petition, questioning the correctness and legality of the judgment and decree dated 01.12.2022 in S.C.No.735/2019 passed by the learned IX Additional Small Causes Judge and Additional M.A.C.T., Bengaluru (SCCH-7).

2) It is submitted that, after hearing the matter for some time, the petitioner and respondent came to an understanding and as per the terms of the said compromise, the petitioner agreed to vacate and deliver the vacant possession of the suit schedule property in favour of Respondent within a period of 2 years.

3) It is submitted that, the petitioner has agreed to pay the enhanced Rent of Rs.60,000/- per month to the Respondent, commencing from 01.12.2023.

4) It is submitted that, the petitioner agreed to vacate and deliver the vacant possession of the

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suit schedule property and hand over the same in faovur of Respondent within a period of 2 years and the Petitioner undertakes to vacate the schedule premises on or before 30.11.2025.

In view of the above terms, the above Civil Revision Petition may kindly be disposed off, in the interest of justice."

4. The memo is placed on record.

5. The petitioner and the respondent, who are present

in person have affixed their signatures to the order sheet of

this Court in token of their acceptance of the terms of the joint

memo.

6. In view of the above, the impugned judgment and

decree dated 01.12.2022 passed by the IX Additional Small

Causes Judge and Additional MACT, Bengaluru, in

S.C.No.735/2019, ordering eviction of the petitioner is upheld.

However, the petitioner is granted two years time from today

to vacate and handover the vacant possession of the suit

schedule property to the respondent subject however, to the

condition that the petitioner pays enhanced rent at the rate of

Rs.60,000/- per month from 01.12.2023. It is made clear that

the rent shall be paid by or before 10th day of every month,

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failing which, the respondent shall be entitled to execute the

impugned judgment and decree passed by the Trial Court.

7. Accordingly, this petition stands disposed off in

terms of the joint memo.

Sd/-

JUDGE

PMR