Citation : 2025 Latest Caselaw 9596 Kant
Judgement Date : 30 October, 2025
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NC: 2025:KHC:43734
CRP No. 93 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CIVIL REVISION PETITION No.93 OF 2022(SC)
BETWEEN:
1. M/S WATER ANGELS
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT
NO.186/2, SUBEDAR CHATRAM ROAD
(GUBBI VEERANNA ROAD)
SHESHADRIPURAM
BENGALURU-560 020
REPRESENTED BY ITS
MANAGING PARTNER
SRI N KRISHNAKANATH
2. SRI N KRISHANKANTH
S/O LATE SATHYANARAYANA
AGED ABOUT 35 YEARS,
RESIDING AT FLAT NO.T-1
ADITI VICTORY-2, NO.28, 1ST CROSS
Digitally SRIRAMPURA
signed by
MALATESH BENGALURU-560 021
KC
Location: 3. SRI A U PRAVEEN
HIGH S/O SRI B S UMESH
COURT OF AGED ABOUT 34 YEARS,
KARNATAKA RESIDING AT NO.G1
ADITI VICTORY-2 NO.28
1ST CROSS, SRIRAMPURA
BENGALURU-560021
...PETITIONERS
(BY SRI VIKYATH B, ADVOCATE)
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CRP No. 93 of 2022
HC-KAR
AND:
1. SRI.J.C.RUDRA SHARMA
S/O LATE J CHINNAPPA
AGED ABOUT 91 YEARS,
RESIDING AT NO.6
RAMACHANDRA AGRAHARA
4TH MAIN ROAD, CHAMARAJAPET
BENGALURU-560018
2. SRI B N VISHWANATH
S/O SRI T V NARAYANA SWAMY
AGED ABOUT 63 YEARS,
R/AT AT FLAT NO.301
NO.12/13 3RD FLOOR 28TH CROSS
2ND MAIN 7TH BLOCK JAYANAGAR
BENGALURU-560082
...RESPONDENTS
(BY SRI. VIJAYAKUMAR R, ADVOCATE FOR R1;
VIDE ORDER DATED 30.10.2025, R2 IS DELETED IN VIEW OF
MEMO FILED IN COURT)
THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
CAUSES COURTS ACT AGAINST THE JUDGMENT AND DECREE
DATED 08.11.2019 PASSED IN S.C.No.895/2019 ON THE FILE
OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT,
ARREARS OF RENT AND MESNE PROFIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Joint memo filed which reads as under:
"The petitioners and respondents humbly submits as follows:
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1. The Petitioners are filing the present Revision Petition aggrieved by the judgment and decree dated 08.11.2019 passed by the Trial Court in S.C. 895/2019. The case of Respondent No.1 is that Respondent No.2 had taken the suit schedule property from Respondent No.1 on the basis of a lease deed dated 01.04.2012 for a period of five years commencing from 01.04.2012 till 31.03.2017 and that Rs.2,00,000/-(Rupees Two Lakh only) was deposited by Respondent No.2 with Respondent No.1 as refundable security deposit. The suit was filed by Respondent No. 1 for the reliefs of ejectment, arrears of rent and mesne profits. Pursuant to this, the suit in S.C.895/2019 was instituted by Respondent No.1. The Trial Court issued summons to the Petitioners and Respondent No.2 and placed them ex-parte. The Petitioners were misled by the Respondents to not contest the suit. Respondent No.1 got examined PW-1 and got 13 documents marked as Exhibit P1 to P13. Pursuant to that, the Trial Court heard Respondent No.1 and passed the impugned judgment and decree dated 08.11.2019.
2. The present Revision Petition is restricted to that part of the decree whereby the Petitioners have been directed to pay arrears of rent, mesne profits at the rate of 15,000 per month from 01.01.2019 till the actual delivery of vacant possession of the suit schedule premises and the costs awarded by the Court of Small Causes, Bengaluru.
Since the Petitioners are neither sub tenants nor in occupation in the schedule premises in whatsoever manner, they are not questioning the decree insofar as it
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directs them to handover the possession of the schedule premises.
3. The petitioners and submits that as per the directions of this Hon'ble Court the petitioners and respondents have agreed to settle the matter pending as follows:
4. The Petitioner in has agreed to pay sum of Rs. 2,50,000/- as full and final settlement, and is paying Rs.25,000/- in D.D.No.011647 Dated 30/10/2025 drawn in favour of HDFC Bank and the balance of Rs.2,25,000/- shall be paid via Demand draft on 14/11/2025 before this Hon'ble Court as per the direction of this Hon'ble Court. In addition to Rs.3,00,000/- deposited before this Hon'ble Court as per Interim Order.
5. The respondent do not have any objections to allow the above said petition.
6. The petitioners and respondents submit that there is no coercion or force, fraud or any undue influence in filing the above joint memo.
Wherefore the petitioners and the respondents humbly pray that this Hon'ble Court may be pleased to allow the petition in the interest of justice."
2. On behalf of the respondent, Sri Vijayakumar, learned
counsel for the respondent has filed the joint memo and
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submits that respondent No.2 is not necessary for effective
disposal of the petition.
3. Learned counsel for the petitioners has filed a memo for
deleting respondent No.2. Memo is taken on record and
respondent No.2 is deleted.
4. Rs.25,000/- by way of demand draft as mentioned in the
joint memo is tendered today. As per the joint memo, balance
amount is to be paid on or before 14th November 2025.
5. Hence, the following:
ORDER
(i) Petition stands disposed of in terms of the joint memo.
(ii) Office to pass the modified decree.
(iii) If the amount as agreed in the joint memo is not paid on or before 14th November 2025, respondent No.1 is entitled to execute the decree for the balance amount.
(iv) Relist on 14th November 2025, for reporting compliance.
Sd/-
(V SRISHANANDA) JUDGE kcm
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