Sri. Mahipal Parmar vs Sri. Goutham K. S
2024 Latest Caselaw 3915 Kant

Karnataka High Court

Sri. Mahipal Parmar vs Sri. Goutham K. S on 8 February, 2024

                                             -1-
                                                            NC: 2024:KHC:5418
                                                          CRP No. 427 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                            BEFORE
                            THE HON'BLE MR JUSTICE M.I.ARUN
                     CIVIL REVISION PETITION NO. 427 OF 2023 (SC)
               BETWEEN:

               1.    SRI. MAHIPAL PARMAR
                     S/O SOHANLAL
                     AGED ABOUT 54 YEARS,
                     (WRONGLY TYPED US 46 YEARS)
                     A PROPRIETORY CONCERN OF HIS BEING CARRIED
                     ON UNDER THE NAME AND STYLE OF M/S MAHAVEER
                     INSULATIONS IN PREMISES,
                     BEARING NO.7, SUKHI PLAZA, SHOP NO.4,
                     GROUND FLOOR, UTTARADIMUTT ROAD,
                     BVK IYENGAR ROAD CROSS,
                     BENGALURU - 560053.
                                                           ...PETITIONER
               (BY SRI. H J SANGHVI.,ADVOCATE)

Digitally      AND:
signed by H
K HEMA         1.    SRI. GOUTHAM K. S.
Location:            S/O SOHANLAL
High Court           AGED ABOUT 33 YEARS,
of Karnataka
                     C/O MILLS COTTON MILLS,
                     D.S.LANE, CHICKPET,
                     BENGALURU - 560053.
                                                               ...RESPONDENT
               (BY SRI. B RAMESH.,ADVOCATE)

                      CRP   FILED   UNDER   SEC.18   OF   KARNATAKA    SMALL
               CAUSES COURT ACT, 1964, PRAYING TO SET-ASIDE THE
                                -2-
                                             NC: 2024:KHC:5418
                                         CRP No. 427 of 2023




JUDGMENT AND DECREE DATED: 29.05.2023 PASSED BY THE
XVIII    ADDITIONAL    JUDGE    SMALL   CAUSES,   BANGALORE
(S.C.C.H-4) IN S.C.NO.660/2021, THEREBY DIRECTING THE
PETITIONER TO VACATE THE SCHEDULE PREMISES WITHIN
THE PERIOD OF TWO MONTHS AND ALSO TO PAY A SUM OF
RS.61,512/- TO THE RESPONDENT. THIS HON'BLE COURT MAY
BE PLEASED TO CALL FOR THE TRIAL COURT RECORD AND
SET-ASIDE THE JUDGMENT PASSED BY THE TRIAL COURT AND
ALLOW THE C.R.P AS PRAYED FOR, IN THE ENDS OF JUSTICE
AND EQUITY.

        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                           ORDER

1. After arguing the matter for some time, the learned

counsel for the petitioner, upon instructions, submits that

the petitioner would vacate the suit schedule property

within a period of three years from today.

2. The petitioner is also present before this Court and

the learned counsel for the petitioner undertakes to file a

memo in this regard. The petitioner also admits that the

rents are Rs.8,800/- per month and he will continue to pay

NC: 2024:KHC:5418

the said rent to the respondent till vacating the suit

schedule property.

3. The respondent is agreeable for the same. However,

the respondent submits that the old rents have not been

paid, which is disputed by the petitioner.

4. Based on the aforementioned submissions, the

following order is passed:

ORDER

i. The Civil Revision Petition is hereby

dismissed.

ii. The petitioner is granted three

years time from today to vacate the

suit schedule property, subject to

payment of rents to the respondent

at the rate of Rs.8,800/- per month

for the said period. Further, if the

previous rents are not paid, the

respondent is at liberty to initiate

NC: 2024:KHC:5418

appropriate proceedings in

accordance with law.

Pending interlocutory applications, if any, stand

disposed of.

Sd/-

JUDGE

CH