IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION No.52 OF 2017 BETWEEN 1. M/S HINDUSTAN TRADING CORPORATION NO.37, DEVATHA MARKET, GROUND FLOOR, A.M.LANE, CHICKPET, BANGALORE – 560 053. REPRESENTED BY ITS PARTNER SHRI R.P.MITHALAL RATHOD.
2. SHRI. R.P.MITHALAL RATHOD S/O PUKHRAJ, MAJOR, PARTNER, M/S. HINDUSTAN TRADING CORPORATION, NO.37, DEVATHA MARKET, GROUND FLOOR, A.M.LANE, CHICKPET, BANGALORE – 560 053.
... PETITIONERS (BY SRI. H.J.SANGHVI, ADVOCATE-ABSENT) AND SHRI G K PRAKASH S/O LATE G.R.KRISHNAMURTHY, AGED ABOUT 64 YEARS, R/AT NO.6-104, 10TH MAIN, 3RD BLOCK, JAYANAGAR, BANGALORE – 560 011.
... RESPONDENT (BY SRI.V.B.SHIVAKUMAR, ADVOCATE FOR C/R) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT, 1964, AGAINST THE ORDER DATED 19.01.2017 PASSED ON I.A. NO.6 IN S.C.NO.713/2014 ON THE FILE OF THE VIII ADDL. SMALL CAUSES JUDGE, BANGALORE, DISMISSING THE IA NO.6 FILED UNDER SECTION 2(g) OF K.R.ACT FOR DISMISSAL OF THE SUIT.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER No representation for the petitioners.
2. The order which is under challenge in this petition is dated 19-1-2017 filed in S.C.No.713/2014 on the file of the VIII Additional Small Causes Judge, Bangalore, by which application-I.A.No.6, filed under Section 2(g) of the Karnataka Rent Act, 1999, is rejected.
3. The contention of the petitioners is that schedule shop premises measures only 87 Sq.ft and the suit for ejectment would not be maintainable.
4. Learned counsel for the respondent submits that before the trial Court, the parties have already lead evidence and the said matter is pending at the stage of arguments.
Taking note of the above fact, I am of the view that the petitioners are no more interested in prosecuting the petition.
Accordingly, the civil revision petition is dismissed for non-prosecution.
Sd/- JUDGE SMJ