IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.14558 OF 2019 (GM – CPC) BETWEEN :
1. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF EXCISE, VIDHANA SOUDHA, BANGALORE.
BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER OF EXCISE, BANGALORE DISTRICT, NO.8/1, MISSION ROAD CROSS, (LALBAGH ROAD), BANGALORE – 560 002.
(BY SRI.A.S.PONNANNA, ADV. GENERAL A/W SRI.ANANDEESWARA, AGA) AND:
1. SRI.LEONARD ROYAN, AGED ABOUT 67 YEARS, S/O DR.DORAI ROYAN, R/AT NO.465, 9TH MAIN, HAL III STAGE, BANGALORE – 560 075.
2. DR.SUSHEELA SHEKAR, AGED ABOUT 68 YEARS, D/O LATE DR.DORAL ROYAN, R/AT NO.465, 9TH MAIN, ... PETITIONERS HAL III STAGE, BANGALORE – 560 075.
3. MS.SHALLA ROYAN, AGED ABOUT 64 YEARS, D/O DR.DORAL ROYAN, R/AT NO.465, 9TH MAIN, HAL III STAGE, BANGALORE – 560 075.
4. SRI.RENU BAPTIST, AGED ABOUT 53 YEARS, S/O SRI.K.C.REDDY, R/AT NO.21, CHURCH ROAD, BANGALORE – 560 004.
5. SRI.LOUIS D’SOUZA, AGED ABOUT 71 YEARS, S/O LATE SRI. PHILLIP D’SOUZA, R/A NO.A/15, HUDCO COLONY, V.K.ROAD, PEELAMEDU, COIMBATORE – 4.
6. SRI.NORMAN D’SOUZA, AGED ABOUT 68 YEARS, S/O SRI.PHILIP D’SOUZA, R/AT NO.21/2, CHURCH ROAD, BASAVANAGUDI, BANGALORE – 560 004.
7. SRI.SAVIO D’SOUZA, AGED ABOUT 47 YEARS, S/O LATE MR.ALOYSIUS D’SOUZA, R/AT FLAT NO.D-103, PRIDE APARTMENT, BANNERGHATTA ROAD, BILLEKAYHALLI, BANGALORE.
8. SRI.CYRIL D’SOUZA, AGED ABOUT 60 YEARS, S/O LATE MR.ALOYSIUS D’SOUZA, R/AT FLAT NO.D-103, PRIDE APARTMENT, BANNERGHATTA ROAD, BILLEKAYHALLI, BANGALORE.
9. SRI.T.S.NATARAJAN, MAJOR, S/O LATE SRI.T.S.SIVASWAMY, 10. SRI.T.S.NITYANANDA, MAJOR, S/O SRI.T.S.SIVASWAMY, 11. SRI.T.S.SACHIDANANDA, MAJOR, S/O LATE SRI.T.S.SIVASWAMY, RESPONDENT NO.9 TO 11 ARE R/AT NO.28, POORNIMA, BASAPPA ROAD, SHANTHINAGAR, BANGALORE – 560 027.
ALSO AT NO.8/1, MISSION ROAD, CROSS, LALBAGH HIGH ROAD 1ST CROSS, BANGALORE – 560 002.
( BY SRI S.A.SAMI, ADV., FOR C/R1, R5 TO R7;
…RESP0NDENTS R2 TO R4 AND R8 TO R11 ARE DISPENSED WTIH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO EXECUTION NO.1541/2018 ON THE FILE OF COURT OF SMALL CAUSES AT BENGALURU AND PERUSE THE RECORDS AND SET ASIDE THE ORDER PASSED BY THE SMALL CAUSE JUDGE AND XXXIII ACMM, MEMBER, MACT BENGALURU AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The present writ petition is filed by the State against the order dated 20.03.2019 rejecting the application filed by the Judgment Debtor No.4 and 5 under Section 151 CPC, directing the defendants to quit, vacate and hand over the vacant possession of the suit property by handing over the key on or before 31.03.2019 by filing undertaking affidavit to that effect.
2. The brief facts of the case are that respondent Nos.1 to 8 filed S.C.No.2619/2011 for ejectment against respondent Nos.9 to 11, present petitioners before the Small Causes Court, Bengaluru. After contest, the suit for ejectment came to be decreed in terms of compromise dated 28.10.2015 permitting the present petitioners to vacate and hand over the vacant possession of the suit property on or before 27.04.2018 as per the joint memo. Since the decree was not complied, the respondent-landlord was forced to file Execution Petition No.1541/2018. Since the petitioners have not complied the order, the trial court issued delivery warrant on 16.02.2019. Therefore, the present petitioners/State filed an application under Section 151 CPC, to recall the said order. The said application was opposed.
3. The trial court considering the application and objections, by the impugned order dated 20.03.2019 allowed the application filed by the Judgment Debtor Nos.4 and 5/ present petitioners under Section 151 CPC, and directed the defendants to quit, vacant and hand over the key on or before 31.03.2019 by filing an undertaking affidavit to that effect within three days from the date of the order. Hence, the present writ petition.
4. When the matter came up before this court on 29.03.2019, in view of the submissions made by learned Additional Advocate General, this court granted stay for a period of two days.
5. Today, Sri. Ponnanna, learned Additional Advocate General, on instructions from the petitioners- State submits that two months time may be granted to vacate and hand over the vacant possession of suit schedule property to the present respondent-Landlord without driving the respondent-landlord any further. However, the same is opposed by Sri. S. A. Sami, learned counsel for respondents. He submits that one month’s time may be granted.
6. Taking into consideration the facts and circumstances of the present case, this court is of the considered opinion that reasonable time has to be granted to the petitioners to quit and deliver vacant possession of the suit property to the present respondent-landlords without sub-letting the same to any third parties.
7. The second petitioner- Deputy Commissioner of Excise shall file an undertaking affidavit before this court within a week stating that they will not create/indulge in any third party interest, and will voluntarily vacate and hand over possession of the suit property to the present respondent-landlord on or before 10th May, 2019 and they will not seek further extension of time at any cost.
8. Accordingly, the writ petition stands disposed off with the above directions.
Sd/- JUDGE Np/-