Smt Dhanalaxmi vs Cuddapah Sri Paramahamsa Sachidananda ...
2023 Latest Caselaw 8693 Kant

Citation : 2023 Latest Caselaw 8693 Kant
Judgement Date : 28 November, 2023

Karnataka High Court

Smt Dhanalaxmi vs Cuddapah Sri Paramahamsa Sachidananda ... on 28 November, 2023

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                                                            NC: 2023:KHC:43083
                                                        CRP No. 580 of 2022




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                         BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                   CIVIL REVISION PETITION NO. 580 OF 2022 (SC)
            BETWEEN:
            SMT. DHANALAXMI
            W/O LATE SRI. KRISHNARAJU
            AGED ABOUT 72 YEARS
            RESIDING AT NO.19, 3RD CROSS,
            RANASINGHPETE, POLICE ROAD,
            BANGALORE-560053
            REPRESENTED BY GPA HOLDER AND HER SON
            MR. SOMASHEKAR RAJU K.,
                                                                   ...PETITIONER
            (BY SRI. ANIL KUMAR A.S., ADVOCATE FOR
                SRI. PARAMESWARAPPA C., ADVOCATE)
            AND:
            CUDDAPAH SRI PARAMAHAMSA SACHIDANANDA
            YOGEESHWAR'S MATHALAYAM TRUST REGD.,
            (SRI RAJA RAJESHWARI SHIVALAYA AND SHIVAMURTHY
            TEMPLES)
            KEMPAPURA AGRAHARA,
Digitally
signed by   BHUVANESHWARI NAGAR
SUMA        BENGALURU-560023.
Location:   REPRESENTED BY ITS SECRETARY AND
HIGH
COURT OF    AUTHORIZED REPRESENTATIVE
KARNATAKA   MR. ARUN KUMAR
                                                        ...RESPONDENT
            (BY SMT. JYOTHI S.K., ADVOCATE FOR CAVEATOR RESPONDENT)

                    THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
            CAUSES COURTS ACT, AGAINST THE JUDGMENT DATED 31.10.2022
            PASSED IN SC.NO.15040/2021 ON THE FILE OF THE V ASCJ AND
            24TH    ACMM,   COURT   OF   SMALL    CAUSES,   MAYO   HALL   UNIT,
            BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT.
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                                                  NC: 2023:KHC:43083
                                                CRP No. 580 of 2022




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

                               ORDER

The petitioner has challenged the judgment dated

31.10.2022 and the decree dated 09.11.2022 passed by the V

Additional Small Causes Judge and XXIV Additional Chief

Metropolitan Magistrate, Mayo Hall Unit, Bangalore, in

S.C.No.15040/2021 by which, the petitioner herein was

directed to quit and deliver the vacant possession of the suit

schedule property.

2. When this petition was listed for admission on

08.11.2023, the learned counsel for the petitioner contended

that if adequate time is granted, the petitioner would quit and

deliver the vacant possession of the suit property to the

respondent. The learned counsel for the respondent agreed to

grant one year time to the petitioner to quit and deliver the

vacant possession. The said submission made by the learned

counsel for the petitioner and the learned counsel for the

respondent was recorded by this Court on 08.11.2023 and the

petitioner was directed to file an affidavit undertaking to quit

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and deliver the vacant possession of the suit property to the

respondent within one year.

3. Today, the learned counsel for the petitioner has

filed an affidavit of the Power Attorney Holder of the petitioner,

which reads as follows:-

"I, Somashekar Raju. K, S/o. V. Krishnaraju, Aged about 48 years, Residing at No.35, 3rd Cross, Police Road, Ranasinghpet, Bangalore-560053, do hereby submit as follows:-

1. I state that, I am the attorney holder of the petitioner in the above revision petition and I know the facts of the case and hence I am swearing to this affidavit.

2. I state that, the petitioner is my mother. The petitioner has submitted before this Hon'ble Court that she will vacate and deliver the vacant possession of the petition schedule property immediately by one year from the date of this affidavit. This Hon'ble Court has pleased to grant the time to the petitioner in accordance with her submission.

3. I state that, this Hon'ble Court has pleased to direct the petitioner to file the affidavit undertaking

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to vacate the premises immediately by one year from today.

4. I state that I shall vacate the rented premises within one year from the date of this affidavit. I state that I shall pay the arrears of rent within 4 weeks from today.

5. I state that, the petitioner shall not seek extension of time in further to vacate the premises.

During this period the petitioner shall pay the rent of Rs.230/- per month.

6. I state that the petitioner is hereby undertaking that she shall not damage and destroy the premises and would vacate the premises in habitable condition. I shall undertake to pay the electricity and water charges regularly as applicable till vacating the premises.

7. I state that I shall vacate the premises without forcing the respondent to file the execution petition to vacate me from the suit schedule property.

8. I state that I shall not sub-let or underlet or part with the possession of the schedule property to any person during this period."

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4. In view of the aforesaid, this revision petition is

disposed off in terms of the affidavit mentioned above. The

petitioner is directed to quit and deliver the vacant possession

of the suit property within a period of one year from the date of

the affidavit. She shall also pay the rent as agreed and shall

not sublet or underlet any portion of the premises and shall not

damage or destroy the premises and shall also pay the

electricity and water charges as applicable.

5. In view of disposal of the petition, pending I.As., if

any, do not survive for consideration and the same stand