Karnataka High Court
Sri.L. Biharilal vs Sri.M. Vijayakumar on 3 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:19070
CRP No. 26 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 26 OF 2024 (SC)
BETWEEN:
SRI.L. BIHARILAL
S/O LAXMICHAND,
AGED ABOUT 61 YEARS,
SHOP NO. 1 GROUND FLOOR,
PROPERTY NO. 3/1, KILARI ROAD,
BENGALURU-560053
ALSO RESIDING AT
LAXMI NIVAS, NO. 19/2
SHANTI ROAD, SHANTHINAGAR,
BENGALURU-560027.
...PETITIONER
(BY SRI. JEEVAN K.,ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA SRI.M. VIJAYAKUMAR
LAKSHMAMMA S/O LATE D MARIYAPPA
Location: HIGH AGED ABOUT 66 YEARS,
COURT OF RESIDING AT NO. 3/1
KARNATAKA KILARI ROAD, AVENUE ROAD CROSS,
BENGALURU-560053.
...RESPONDENT
(BY SRI. JAGADEESHA S. ADVOCATE)
THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL
CAUSES COURTS ACT., PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 08.12.2023 MADE IN S.C.NO.47/2023 ON THE FILE
OF SMALL CAUSES COURT, (VIII ADDL. JUDGE & ACMM COURT OF
SMALL CAUSES) AT BENGALURU AND REVERSE THE SAME, IN THE
INTEREST OF JUSTICE.
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NC: 2024:KHC:19070
CRP No. 26 of 2024
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
To set aside the judgment and decree dated
08.12.2023 made in S.C.No.47/2023 on the file of
the Small Causes Court, (VIII Addl. Judge & ACMM
Court of Small Causes) at Bengaluru and reverse
the same, in the interest of justice.
2. By way of Judgment and decree dated 8.10.2023,
the Small Causes Court, Bengaluru had decreed the
suit in S.C. No.47/2023 directing the defendant
therein to vacate the premises within 60 days from
the date of the order on plaintiff returning the
security deposit of Rs.2,50,000/-. It is challenging
the same, the petitioner-defendant is before this
Court.
3. Today, a compromise petition has been filed which
reads as under:
COMPROMISE PETITION FILED UNDER ORDER
23 RULE 3 R/W 151 OF CIVIL PROCEDURE CODE
The parties respectfully submit as follows.
NC: 2024:KHC:19070
1. That the Petitioner herein is the tenant under the
respondent in respect of the property bearing No 3/1,
PID No 28-46-3/1, measuring East to West 7 feet and
North to South 20 feet in all measuring 140 sq feet
situated at Killari Road, Avenue Road Cross
Bengaluru. That the trial court in S.C No 47/2023 on
the file of SCCH-05 Bengaluru directed the appellant
herein to evict the suit premises within 60 days from
the date of the order Le 08/12/2023. As against the
said judgement of eviction the Petitioner tenant
preferred this Revision before this Honourable Court.
2. That at the intervention of the friends, relatives
and well wishers, both the parties herein have agreed
to settle the matter amicably between them inorder
to continue their cordial relationship in future also.
3. That the Petitioner agreed and undertakes to hand
over the vacant possession of the schedule premises
on or before 30/12/2024 to the respondent without
driving him to file any execution petition in that
regard of which the respondent as also agreed. That,
both the parties have no claim with regard to either
the rent or the security deposit payable by the
respondent to the Petitioner.
Wherefore it is prayed that this Honourable Court
may please to record the settlement arrived between
the parties, same may kindly be recorded and the
appeal may kindly disposed in the interest of justice.
SCHEDULE
All that and parcel of shop premises bearing No.1
situated in the ground floor of the property bearing
No 3/1, PID No 28-46-3/1, measuring East to West 7
feet and North to South 20 feet, in all measuring 140
sq feet situated at Killari Road, Avenue Road Cross,
Bengaluru, together with electricity facility and
bounded on the:
East By : Other two shops of premises No.3
West By: Passage leading to Premiese No 2 Killari
Road Bengaluru
NC: 2024:KHC:19070
North By: Killari Road
South By: Premises No 2, Killari Road, Bengaluru
4. Both the petitioner and the respondent who are
present in person before this Court confirm the terms
of the settlement which has been arrived at. They
further submit that the said settlement which has
been arrived at is at their free will and volition and
there is no undue influence or duress brought on
them.
5. Accepting the said terms of compromise considering
that the same as lawful, compromise is taken on
record. Hence, the Judgment and decree dated
8.12.2023 passed in S.C. No.47/2023 stands
modified in terms of the compromise petition filed.
6. Registry is directed to draw up decree accordingly.
Sd/-
JUDGE
LN
