Rasheed Ahmed vs B V Kantharaja Shetty
2024 Latest Caselaw 19455 Kant

Karnataka High Court

Rasheed Ahmed vs B V Kantharaja Shetty on 2 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                  NC: 2024:KHC:30735
                                                  HRRP No. 9 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF AUGUST, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  HOUSE RENT REV. PETITION NO. 9 OF 2022 (EVI)
            BETWEEN:

            1.    RASHEED AHMED,
                  S/O LATE S. GHOUSE PEER,
                  AGED ABOUT 68 YEARS,

            2.    SAYEED AHMED,
                  S/O LATE S. GHOUSE PEER,
                  AGED ABOUT 59 YEARS,

            3.    TUFAIL AHMED,
                  S/O LATE S. GHOUSE PEER,
                  AGED ABOUT 56 YEARS,
            4.    ZIAULLA,
                  S/O LATE S. GHOUSE PEER,
Digitally         AGED ABOUT 52 YEARS,
signed by
MALATESH          ALL ARE CARRYING BUSINESS AT
KC                SHOP BEARING NO. 1636,
Location:         MAKKAJI CHOWK,
HIGH
COURT OF          OPP. OLYMPIA THEATRE, MYSURU.
KARNATAKA                                              ...PETITIONERS
            (BY SRI. NITYANAND M. BHAT, ADVOCATE FOR
                SRI. P.N. MANMOHAN, ADVOCATE)
            AND:

            1.    B.V. KANTHARAJA SHETTY,
                  S/O B.V. VASUDEVA SHETTY,
                  AGED ABOUT 67 YEARS,
                                -2-
                                            NC: 2024:KHC:30735
                                            HRRP No. 9 of 2022




2.   B.V.A SANATHKUMAR,
     S/O B.V. VASUDEVA SHETTY,
     AGED ABOUT 65 YEARS,

     BOTH ARE R/AT NO. 133,
     35TH EAST CROSS,
     HALLADAKERI, MYSURU.
                                                ...RESPONDENTS
(BY SRI. SRINIVAS V, ADVOCATE FOR R1 AND R2)

     THIS HRRP IS FILED UNDER SEC.46(1) OF KARNATAKA
RENT ACT., AGAINST THE ORDER DATED 31.01.2022 PASSED
IN REV. RENT NO. 04/2021 ON THE FILE OF THE III ADDL.
DISTRICT AND SESSIONS JUDGE, MYSURU. DISMISSING AND
CONFIRMING THE JUDGMENT AND DECREE DATED 18.08.2021
PASSED IN HRC NO.19/2015 ON THE FILE OF THE VI
ADDITIONAL CIVIL JUDGE JUDGE AND JMFC, MYSURU
ALLOWING THE PETITION.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

The undertaking affidavit is filed. Same is taken on

record.

2. This Court on the earlier date of hearing, expressed its

opinion that reasonable time would be granted if the revision

petitioners - tenants file an undertaking to vacate the premises

voluntarily.

NC: 2024:KHC:30735

3. Taking note of the fact that present revision is a

second revision, revision petitioners are granted one year time

to vacate and handover the premises.

4. In view of filing of the affidavit, following:

ORDER

i. HRRP stands disposed of.

ii. Order of eviction passed in HRC No.19/2015

confirmed in RR No.04/2021 is hereby confirmed.

iii. Time is granted for the revision petitioners to

vacate and hand over the premises till 31.07.2025.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK