Sri Mularam vs Sri Manjunath B K
2024 Latest Caselaw 18897 Kant

Karnataka High Court

Sri Mularam vs Sri Manjunath B K on 29 July, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                             NC: 2024:KHC:29886
                                                            CRP No. 415 of 2024




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 29TH DAY OF JULY, 2024

                                               BEFORE
                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                             CIVIL REVISION PETITION NO. 415 OF 2024 (SC)
                      BETWEEN:

                      SRI MULARAM
                      S/O GISARAMJI
                      AGED ABOUT 53 YEARS
                      R/AT NO.12, II FLOOR
                      3RD CROSS, 5TH MAIN
                      S.R. NAGAR, BENGALURU-560 027
                      AND ALSO AVAILABLE AT;
                      SHOP PREMISES BUILDING NO.510/1
                      MURAGAN BUILDING, AVENUE ROAD
                      BENGALURU-560 002.
                                                                  ...PETITIONER
                      (BY SRI. H.J. SANGHVI, ADVOCATE)

                      AND:
Digitally signed by   SRI MANJUNATH B K
R HEMALATHA
Location: HIGH        S/O LATE B.N. KRISHNAIAH SETTY
COURT OF              AGED ABOUT 67 YEARS
KARNATAKA
                      R/AT 510A, MURAGAN BUILDINGS
                      AVENUE ROAD
                      BENGALURU-560 002
                                                                ...RESPONDENT
                      (BY SRI. G.T. KUMAR, ADVOCATE FOR C/R)

                           THIS CRP IS FILED UNDER SECTION 18 OF SMALL
                      CAUSES COURT ACT, 1964 AGAINST THE JUDGMENT AND
                      DECREE DATED 21.03.2024 PASSED IN SC NO.1102/2016 ON
                      THE FILE OF XIII ADDITIONAL JUDGE AND ACMM, COURT OF
                      SMALL CAUSES, MEMBER, MACT 15, BENGALURU
                      DECREEING THE SUIT FOR EJECTMENT.
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                                                NC: 2024:KHC:29886
                                               CRP No. 415 of 2024




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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                           ORAL ORDER

The challenge pertains to the judgment and decree passed by the XIII Additional Small Causes Judge and ACMM and Additional MACT, Member, Bengaluru (SCCH-15), in S.C. No. 1102/2016. The suit filed by the respondent-plaintiff was decreed, directing the petitioner-defendant to quit, vacate, and hand over the vacant possession of the suit schedule property to the respondent- plaintiff within three months from the date of the order.

2. The learned counsel for the petitioner, after arguing the matter for some time, on instruction, seeks leave of this Court to withdraw the petition, requesting one year to vacate the scheduled premises.

3. The submission is placed on record.

4. Accordingly, the petition stands disposed of, granting the petitioner one year from 01.08.2024 to vacate the subject premises on or before 31.07.2025, subject to the payment of arrears of rent after deducting an advance amount of Rs.50,000/-, and to continue to pay the rent monthly as when it falls due.

5. Failure to pay the arrears of rent within 30 days from the date of receipt of the certified copy of this order, and failure to

NC: 2024:KHC:29886

pay the monthly rent as and when it falls due, will entitle the respondent to execute the decree and take possession of the subject premises in accordance with law.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE

HR