Sri. B. Nagesh vs Smt. Bhagya
2023 Latest Caselaw 4605 Kant

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                                                      NC: 2023:KHC:24959
                                                         CRP No. 292 of 2023




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 18TH DAY OF JULY, 2023

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                           CIVIL REVISION PETITION NO.292 OF 2023 (SC)

                   BETWEEN:

                   SRI B. NAGESH,
                   S/O SRINIVAS,
                   AGED ABOUT 47 YEARS,
                   R/AT C/I SRI RAGHAVENDRA HOTEL,
                   BASAVESHWARA COMPLEX,
                   COGILU MAIN ROAD,
                   NEAR KARLAPPA COMPLEX,
                   BENGALURU-560 064.

                   AND ALSO R/AT NO.955/5,
                   PAPANNA LAYOUT,
                   KOGILU MAIN ROAD,
                   MARUTHI NAGAR, YELAHANKA,
                   BENGALURU-560 064.
                                                                 ...PETITIONER
Digitally signed
by SHARANYA T
Location: HIGH                    (BY SRI RAMANA G, ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   SMT. BHAGYA,
                   W/O LATE MUNIRAJU,
                   AGED ABOUT 47 YEARS,
                   R/AT NO.10, BHADRANNA LAYOUT,
                   KOGILU MAIN RAOD,
                   MARUTHI NAGAR, YELAHANKA,
                   BENGALURU-560 064.
                                                                ...RESPONDENT

                                (BY SRI M. RAJASHEKAR, ADVOCATE)
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                                  NC: 2023:KHC:24959
                                      CRP No. 292 of 2023




     THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSE
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
17.01.2023 PASSED IN SC.NO.1029/2020 ON THE FILE OF THE
VIII ADDITIONAL     JUDGE AND ACMM, 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 today. Heard the

learned counsel for the petitioner and the learned counsel

for the respondent.

2. The learned counsel for the respondent submits

that already possession is taken in view of the decree and

decree is also for eviction and the defendant was directed

to vacate the schedule property and pay the arrears of rent

within 60 days.

3. The learned counsel for the petitioner submits

that an amount of Rs.3,50,000/- is paid to the husband of

the respondent herein.

4. In this regard, the learned counsel for the

respondent brought to the notice of this Court paragraph

No.12 of the Trial Court order, wherein the Trial Court has

NC: 2023:KHC:24959 CRP No. 292 of 2023

discussed that though the document is relied upon, the

same is an unstamped document and also stamp duty is

not paid and not marked the document inspite of sufficient

opportunity is given.

5. The learned counsel for the petitioner not

disputes the fact that the document was not marked before

the Trial Court. When such being the case, in this revision

petition this Court cannot decide the same. If the

petitioner is having any grounds against the same, he can

seek for appropriate relief before the appropriate Court and

this petition does not survive for consideration as already

the possession is taken by the respondent consequent upon

the decree passed in S.C.No.1029/2020.

6. The petition is dismissed as having become

infructuous.

Sd/-

JUDGE

MD