Smt Yashodha vs Rajeshchand
2024 Latest Caselaw 27379 Kant

Karnataka High Court

Smt Yashodha vs Rajeshchand on 14 November, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                         NC: 2024:KHC:46229
                                                        HRRP No. 32 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                            BEFORE
                    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                                     HRRP NO. 32 OF 2019
                   BETWEEN:

                   SMT YASHODHA
                   W/O. LATE. MONAPPA
                   AGED ABOUT 68 YEARS
                   R/AT LAXMI NILAYA COMPOUND
                   SRI. DEVI COLLEGE ROAD
                   KODIALBAIL, MANGALORE-575 005              ...PETITIONER

                   (BY SRI. RAJASHEKAR S ., ADV.)

                   AND:

                   RAJESHCHAND
                   S/O. LATE. NAVEENCHANDRA
                   AGED ABOUT 50 YEARS
                   R./AT GURUDFOS PUMPS
                   KURIAS ROAD, NEAR
Digitally signed   NATIONAL GUARD
by RAMYA D
Location: HIGH
                   HEAD QUARTERS
COURT OF
KARNATAKA
                   AI BADAGA STREET
                   RIYADH, SAUDHI ARABIA - 307 501           ...RESPONDENT

                   (BY SRI. RAKESH KINI., ADV.)

                        THIS HRRP IS FILED UNDER SECTION 115 OF CPC,
                   AGAINST THE ORDER DATED 16.08.2019 PASSED IN REVISION
                   RENT PETITION NO.13/2018 ON THE FILE OF THE PRINCIPAL
                   DISTRICT AND SESSIONS JUDGE, D.K.           MANGALURU,
                   DISMISSING THE PETITION FILED AGAINST THE JUDGMENT
                   AND DECREE DATED 01.06.2018 PASSED IN H.R.C NO.19/2014
                   ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE, AND JMFC
                              -2-
                                          NC: 2024:KHC:46229
                                        HRRP No. 32 of 2019



MANGALORE, D.K., ALLOWING THE PETITION FILED UNDER
SEC.27(2)(a) AND (r) OF KARNATAKA RENT ACT.

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

CORAM:    HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                       ORAL ORDER

1. Learned counsel for the respondent filed a memo

stating that Ex.Case No.292/2019 filed for execution of the

decree in HRC was executed and delivery warrant was

issued and accordingly, the respondent/owner has taken

possession of the petition schedule premises. Therefore,

the decree was fully satisfied.

2. This is not denied by the petitioner herein. It is the

case of the petitioner herein that the present petitioner is

a tenant and the owner of the petition schedule premises

had executed a Will in favour of the petitioner. Thus

became the owner. It is submitted by the counsel for the

respondent herein that the Will is not produced before the

trial Court. Admittedly, the review petitioner is a tenant.

NC: 2024:KHC:46229

3. Now, in the execution, decree is fully satisfied and

delivery warrant has been issued and the respondent

herein has taken possession of the petition schedule

premises. Therefore, the revision petition has become

infructuous. Accordingly, it is dismissed as having become

infructuous.

4. In view of dismissal of the petition, all pending

applications do not survive for consideration. Hence, the

same are also disposed of.

SD/-

(HANCHATE SANJEEVKUMAR) JUDGE

HA