Sri Ismail Pasha vs Smt Jamuna B
2023 Latest Caselaw 4491 Kant

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                                                       NC: 2023:KHC:24469
                                                          CRP No. 595 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 14TH DAY OF JULY, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         CIVIL REVISION PETITION NO. 595 OF 2022 (SC)

                   BETWEEN:

                   1.    SRI ISMAIL PASHA
                         S/O ABDUL GAFFAR
                         AGED ABOUT 43 YEARS
                         R/AT NO.39, 3RD MAIN ROAD
                         ISLAMPURA HAL POST
                         BANGALORE - 560017
                                                             ...PETITIONER

                                (BY SRI. NAVEED AHMED, ADVOCATE)
                   AND:

                   1.    SMT. JAMUNA B.,
                         W/O LATE SRI NANJAPPA
                         AGED ABOUT 48 YEARS
Digitally signed
by SHARANYA T      2.    SMT. PUNITHA N.,
Location: HIGH           D/O LATE SRI NANJAPPA
COURT OF                 AGED ABOUT 31 YEARS
KARNATAKA

                   3.    SMT. SOWMYA N.,
                         D/O LATE SRI NANJAPPA
                         AGED ABOUT 29 YEARS

                   4.    SRI NAGARAJ N.,
                         S/O LATE SRI NANJAPPA
                         AGED 27 YEARS

                         RESPONDENTS 1 TO 4 ARE
                         R/AT VIBHUTIPURA
                         ANNASANDRAPALYA MAIN ROAD,
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                                       NC: 2023:KHC:24469
                                           CRP No. 595 of 2022




    OPP. VINAYAKA TEMPLE
    HAL MAIN ROAD,
    BANGALORE - 560017
                                                ...RESPONDENTS
  (BY SRI. HALLUR SHIVAYOGI BASAVARAJ, ADVOCATE FOR
                      C/R1 AND R4)

    THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
CAUSES COURT ACT AGAINST THE JUDGMENT AND DECREE
DATED 03.11.2022 PASSED IN SC.No.974/2014 ON THE FILE
OF THE C/c XVI ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BENGALURU, DECREEING THE SUIT FOR EJECTMENT.

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

                            ORDER

This matter is listed for admission and order impugned

challenged before this Court is directing him to quit and vacate

the premises within two months from the date of the order and

also directed to pay the arrears of rent at the rate of Rs.5,000/-

per month from January 2014 till delivery of vacant possession

of the suit schedule property after deducting the security

deposit amount.

2. This Court having noticed that rents are not deposited

even though direction was given to pay the rent from January

2014, till date rents are not paid and also not deposited before

this Court and this Court after hearing the matter in part on the

NC: 2023:KHC:24469 CRP No. 595 of 2022

previous occasion on 5.7.2023, directed to deposit the rent as

determined by the trial Court at the rate of Rs.5,000/- from

January 2014 till delivery of vacant possession of the suit

schedule property. Now the counsel submits that no

instructions to pay the rent or deposit the rent inspite of, on

the previous occasion directed him to deposit the rent and the

petitioner is squatting on the property without payment of rent.

The counsel would submits that the very order has been

challenged but not deposited the rent before this Court as

determined by the trial Court. Hence, in view of non depositing

of the rent and this is an order of ejection passed by the trial

Court and the order is dated 3.11.2022, no question of

considering this revision petition before this Court without

depositing of rent.

3. In view of the discussions made above, I pass the

following

ORDER The revision petition is dismissed.

Sd/-

JUDGE AP