M. P. Sreenivasulu vs Susheelamma
2024 Latest Caselaw 19461 Kant

Karnataka High Court

M. P. Sreenivasulu vs Susheelamma on 2 August, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                    -1-
                                                                NC: 2024:KHC:30680
                                                               CRP No. 796 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 2ND DAY OF AUGUST, 2024
                                                BEFORE
                           THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                               CIVIL REVISION PETITION NO. 796 OF 2023 (SC)
                      BETWEEN:

                      M.P.SREENIVASULU
                      SON OF LATE M.P.GANGADHARA,
                      AGED ABOUT 54 YEARS,
                      SHOP IN PROPERTY NO.31/2,
                      RAJENDRA PRASAD ROAD,
                      GIRINAGAR 1ST PHASE,
                      BANGALORE-560 085.
                                                                      ...PETITIONER
                      (BY SRI S.N.BHAT, ADVOCATE)

                      AND:

                      1.   SUSHEELAMMA
                           W/O. S. LAKSHMIKANTHA,
                           AGED ABOUT 76 YEARS,
                           RESIDING AT NO.76/B,
                           59TH B CROSS,
                           4TH N BLOCK,
                           RAJAJINAGAR,
Digitally signed by        BANGALORE-560 010.
R HEMALATHA                                                         ...RESPONDENT
Location: HIGH        (BY SRI SYED IMRAN, ADVOCATE)
COURT OF
KARNATAKA
                            THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSE
                      COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
                      21.11.2023 PASSED IN SC NO.15060/2023 ON THE FILE OF THE XV
                      ADDITIONAL     SMALL CAUSES JUDGE AND XXIII ACMM,
                      BENGALURU PARTLY DECREEING THE SUIT FOR EJECTMENT.

                          THIS PETITION COMING ON FOR ADMISSION THIS DAY,
                      ORDER WAS MADE THEREIN AS UNDER:

                      CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                -2-
                                             NC: 2024:KHC:30680
                                           CRP No. 796 of 2023




                         ORAL ORDER

The Petitioner challenges the judgment dated November 21, 2023, passed by the Court of the XV Additional Judge, Court of Small Causes (SCCH.19), Mayo Hall Unit, Bengaluru, in S.C.No.15060/2023. This judgment directed the petitioner to hand over vacant possession of the suit schedule premises to the respondent landlord within two months.

2. The learned counsel for the petitioner seeks to withdraw the petition, requesting a year's time to vacate the subject premises.

3. The learned counsel for the respondent/landlord submits that the respondent is more than 70 years old and the subject premises are needed for their son, who is unemployed, to carry on business.

4. In view of the above, the petition is disposed of by granting the petitioner nine months' time, effective from August 1, 2024, to vacate the subject premises. This is subject to the payment of any arrears of rent and the continued payment of rent until the petitioner vacates the premises on or before April 30, 2025. Failing to pay the arrears for rent if any or rent when it falls will entitle the Respondent/ landlord to execute the decree.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE RHS