Karnataka High Court
M/S. M.U.Motiwala vs Sri.C.S.Chandrashekar on 26 June, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:22085
CRP No. 192 of 2023
C/W CRP No. 247 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CIVIL REVISION PETITION NO. 192 OF 2023 (SC)
C/W.
CIVIL REVISION PETITION NO. 247 OF 2023 (SC)
IN CRP NO.192 OF 2023:
BETWEEN:
1. M/S. M.U.MOTIWALA
A PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE
OF BUSINESS AT 868
BUDHWARPETH
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002
REPRESENTED BY ITS
MANAGING PARTNER.
2. M/S. M.U.MOTIWALA
Digitally signed A PARTNERSHIP FIRM
by SHARANYA T
Location: HIGH HAVING ITS BRANCH OFFICE AT
COURT OF SHOP NO.1, PROPERTY NO.116,
KARNATAKA
SRI VENKATESHWARA MARKET,
AVENUE ROAD,
BANGALORE- 560 002
BOTH THE PETITIONER NOS.1 AND 2
ARE REPRESENTED BY ITS PARTNER
SRI RIYAZ MOHAMMED MOTIWALA
3. SRI RIYAZ MOHAMMED MOTIWALA
PARTNER OF M/S. M.U.MOTIWALA
AT SHOP NO.1, PROPERTY NO.116,
SRI VENKATESHWARA MARKET,
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CRP No. 192 of 2023
C/W CRP No. 247 of 2023
AVENUE ROAD,
BANGALORE- 560 002
4. SRI ISMAIL MOHAMMED MOTIWALA,
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002.
5. SRI ASIF MOHAMMED MOTIWALA,
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002.
6. MR. ASAM MOHAMMED MOTIWALA
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002.
...PETITIONERS
(BY SRI M. ASWATHANARAYANA REDDY, ADVOCATE)
AND:
1. SRI C.S. CHANDRASHEKAR
S/O. LATE DR. C. SATHYANARAYANA SETTY,
HINDU MAJOR,
RESIDING AT NO.182/6,
FLAT NO.107, "LAA EMERALD",
35TH MAIN, 7TH CROSS,
BTM LAYOUT, 2ND STAGE,
BANGALORE - 560 068.
...RESPONDENT
(BY SRI P.D.SURANA, ADVOCATE FOR
CAVEATOR-RESPONDENT)
THIS CRP IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE
JUDGMENT AND DECREE DATED 07.01.2023 PASSED IN
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NC: 2023:KHC:22085
CRP No. 192 of 2023
C/W CRP No. 247 of 2023
S.C.NO.1407/2017 ON THE FILE OF THE IX ASCJ AND ACMM,
COURT OF SMALL CAUSES, BENGALURU, DECREEING THE SUIT
FOR EJECTMENT.
IN CRP NO.247 OF 2023:
BETWEEN:
1. SRI. CHANDRASHEKAR C.S.,
S/O. LATE DR. C. SATHYANARAYANA SETTY,
AGED ABOUT 59 YEARS
RESIDING AT NO.182/6,
FLAT NO.107, "LAA EMERALD",
35TH MAIN, 7TH CROSS,
BTM LAYOUT, 2ND STAGE,
BANGALORE - 560 068.
...PETITIONER
(BY SRI P.D.SURANA, ADVOCATE)
AND:
1. M/S. M.U. MOTIWALA
A PARTNERSHIP FIRM
HAVING ITS PRINCIPAL PLACE
OF BUSINESS AT 868
BUDHWARPETH
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002
REPRESENTED BY ITS
MANAGING PARTNER
2. M/S. M.U.MOTIWALA
A PARTNERSHIP FIRM
HAVING ITS BRANCH OFFICE AT
SHOP NO.1, PROPERTY NO.116,
SRI VENKATESHWARA MARKET,
AVENUE ROAD,
BANGALORE- 560 002
REPRESENTED BY ITS PARTNER
SRI RIYAZ MOHAMMED MOTIWALA
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NC: 2023:KHC:22085
CRP No. 192 of 2023
C/W CRP No. 247 of 2023
3. SRI RIYAZ MOHAMMED MOTIWALA
PARTNER OF M/S. M.U.MOTIWALA
AT SHOP NO.1, PROPERTY NO.116,
SRI VENKATESHWARA MARKET,
AVENUE ROAD,
BANGALORE- 560 002.
4. SRI ISMAIL MOHAMMED MOTIWALA,
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002
5. SRI ASIF MOHAMMED MOTIWALA,
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002.
6. SRI ASAM MOHAMMED MOTIWALA
PARTNER OF M/S. M.U.MOTIWALA,
AT NO.868, BUDHWARPETH,
SONYA MARUTHI CHOWK,
PUNE, MAHARASHTRA -411 002.
...RESPONDENTS
(BY SRI M. ASWATHANARAYANA REDDY, ADVOCATE)
THIS CRP IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSES COURT ACT AGAINST THE
JUDGMENT AND DECREE DATED 07.01.2023 PASSED IN
SC.NO.1407/2017 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES,
BENGALURU, DECREEING THE SUIT FOR EVICTION.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRP No. 192 of 2023
C/W CRP No. 247 of 2023
ORDER
The matters are listed for admission and I have heard the
learned counsel for the petitioners and learned counsel for the
respondents.
2. These petitions are challenging the judgment and
decree dated 07.01.2023 passed in S.C.No.1407/2017 on the
file of the IX ASCJ, Small Causes and Additional MACT,
Bengaluru, decreeing the suit for ejectment and eviction
respectively.
3. The Trial Court has passed an order of eviction and
directed the defendants to quit and vacate the premises within
three months from the date of the judgment and decree and
also directed the defendants to pay arrears of rent, till vacating
the schedule premises.
4. The learned counsel for the petitioners would
submit that the petitioners are ready to pay the enhanced rent
and if time is granted till December, 2024, the petitioners
would pay the rent of Rs.15,000/- per month.
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CRP No. 192 of 2023
C/W CRP No. 247 of 2023
5. Learned counsel for the respondent-owner would
submit that this Court can grant time till December 2023 and
the counsel also would submit that the petitioners are having
alternative premises.
6. Having considered the fact that the judgment and
decree was passed in the month of January, 2023 and since the
learned counsel for the petitioners sought time till December,
2024, it is appropriate to grant the time of one year at the rent
of Rs.15,000/- per month and the admitted rate of rent as on
date is Rs.5,500/- per month.
7. Having considered the enhancement of rent in a
sum of Rs.9,500/- per month considering the admitted rate of
rent at Rs.5,500/- per month, it is appropriate to grant time till
the end of June, 2024, subject to the petitioners filing an
affidavit within one week from today undertaking that they
would pay the rent of Rs.15,000/- per month from July, 2023
to June, 2024 and will not seek for any further time to vacate
the premises.
8. Accordingly, the revision petitions are disposed of
granting time up to June, 2024 to the defendants to quit and
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CRP No. 192 of 2023
C/W CRP No. 247 of 2023
vacate and deliver the vacant possession of the suit schedule
premises to the plaintiff.
Sd/-
JUDGE
ST
