Karnataka High Court
Mr. Dinesh B. V vs Mr. Ashok Kumar Rai on 1 April, 2024
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NC: 2024:KHC:13436
WP No. 23203 of 2019
C/W WP No. 23204 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 23203 OF 2019 (GM-CPC)
C/W
WRIT PETITION NO. 23204 OF 2019 (GM-CPC)
BETWEEN:
1. MR. DINESH B. V.
AGED ABOUT 48 YEARS,
S/O. VAMAN GATTY,
R/AT BALLYOTU HOUSE,
KOTEKAR POST,
MANGALURU-575 022.
2. MR. SHIVASHANKAR SHETTY
AGED ABOUT 48 YEARS,
S/O. V.P. SHETTY,
R/AT "SAMRUDDHI",
NEAR LIONS CLUB,
JEPPINARNOGARU,
MANGALURU-575 007.
...PETITIONERS
Digitally (COMMON)
signed by BS (BY SRI. B.S. SACHIN, ADVOCATE)
RAVIKUMAR
Location: AND:
HIGH
COURT OF MR. ASHOK KUMAR RAI
KARNATAKA AGED 48 YEARS,
S/O. LATE K.P. SANJEEVA RAI,
MANAGING DIRECTOR OF
RAI ESTATES AND BUILDERS PVT. LTD.,
D.NO. 2-17-146/1,
BEJAL KAVOOR ROAD,
MANGALURU-575 004.
...RESPONDENT
(COMMON)
(BY SRI. S RAJASHEKAR, ADVOCATE FOR CAVEATOR RESPONDENT)
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NC: 2024:KHC:13436
WP No. 23203 of 2019
C/W WP No. 23204 of 2019
IN WP NO.23203/2019:
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 16.04.2019 PASSED ON IA NO.XI IN O.S.NO.206/2017 BY
THE PRINCIPAL SENIOR CIVIL JUDGE, MANGALURU AT ANNEXURE-J.
IN WP NO.23204/2019:
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 16.04.2019 PASSED ON IA NO.XI IN O.S.NO.207/2017 BY
THE PRINCIPAL SENIOR CIVIL JUDGE, MANGALURU AT ANNEXURE-J.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The plaintiffs in O.S.No.206/2017 and O.S.No.207/2017
on the file of the Principal Senior Civil Judge and CJM,
Mangaluru, Dakshina Kannada, have filed these petitions
challenging an order dated 16.04.2019, by which, an
application filed by the defendant (I.A.No.XI) in both the suits
for permission to let out the premises on lease subject to the
terms and conditions imposed in W.P.No.54582/2018 was
allowed.
2. When these petitions were listed before this Court
01.09.2022, this Court passed the following order:
NC: 2024:KHC:13436
"Learned counsel for the parties jointly submit
that in compliance of the order dated 16.04.2019
passed by Trial Court, the respondent has inducted a
tenant to the premises. It is further submitted by
learned counsel for the respondent that he has
already filed an undertaking before the Trial Court
that in the event of success of plaintiff in the suit,
the tenant inducted by him shall vacate the premises
in question. In order to ensure the same and the
plaintiff is not compelled to initiate any further round
of litigation against the tenant inducted by the
defendant, it is directed that the defendant shall file
an affidavit of the tenant that in the event of success
of the plaintiff, within one month from the date of
judgment, he would vacate the premises and shall
not cause any hindrance and shall positively
handover the possession of the premises in question
to the tenant.
List after two weeks."
3. In compliance with the direction dated 01.09.2022,
the defendant has filed an affidavit of the tenant who was
inducted into a part of the suit premises that he will quit and
deliver the vacant possession of the suit premises to the
plaintiffs, if they succeed in the suit.
NC: 2024:KHC:13436
4. In view of the affidavit filed by them, nothing
survives for consideration in these petitions and same stand
disposed off.
5. It is open for the plaintiffs to recover possession of
the portion of the premises let out to the tenant who has filed
an affidavit before this Court by seeking appropriate reliefs in
the suits already filed.
Sd/-
JUDGE
HJ
