IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P.No.653/2018 BETWEEN:
M. VIMAL CHAND S/O LATE J MOHANLAL AGED ABOUT 58 YEARS NO.2936, GEETHA MANDIR ROAD LASHKAR MOHALLA MYSURU-570 001.
[BY SRI ABUBACKER SHAFI, ADV.] AND:
THE CATHEDRAL PARISH SOCIETY ST. JOSEPH’S CATHEDRAL MYSURU- 570001 REP. BY ITS SECRETARY.
... PETITIONER ... RESPONDENT [BY SRI VEERABHADRASWAMY H.P., ADV.] THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN S.C.NO.50/2015 ON THE FILE OF THE ADDITIONAL COURT OF SMALL CAUSES, MYSURU, DECREEING THE SUIT FOR RECOVERY OF RENT.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In this revision petitioner filed under Section 115 of the CPC., the petitioner has assailed the judgment and decree dated 22.09.2018 in S.C.No.50/2015 on the file of the Judge, Additional Small Causes and Senior Civil Judge, Mysuru, by which, the petitioner was directed to vacate and handover the vacant possession of the suit schedule premises within two months.
2. This Court, on the submission of the learned counsel for the petitioner that the petitioner needs some more time to vacate and handover the vacant possession of the schedule premises ordered notice on 28.08.2019. Today, a joint memo dated 16.12.2019 signed by the advocate for petitioner and advocate for respondent is filed, wherein the petitioner has agreed to vacate and handover the vacant possession of the suit schedule premises on or before 31.12.2020, for which, the respondent/landlord has agreed. In addition to that the petitioner has also filed an affidavit which reads as follows:
“I, M.VIMAL CHAND S/o.Late J.Mohal Lal, aged about 58 years, # 2936, Geetha Mandi Road, Lashkar Mohalla, Mysore- 570001, do hereby solemnly affirm and state on oath as follows:
1. That, I am of the Petitioner in the above case and I am well conversant with the facts and circumstances of the case. Hence, I am swearing this affidavit as I am competent to swear.
2. I submit that, the Respondent preferred an ejectment suit against me before the judge, Additional Small Causes and Senior Civil Judge at Mysore in S.C.No.50/2015 and the same was decreed on 22.09.2018.
3. I submit that, against the judgment and decree passed by the Trial Court, I preferred this Civil Revision Petition. The matter came before this Hon’ble Court on 28.08.2019 and this Hon’ble Court issued emergent notice with an Interim order for eight weeks and directed the registry to list the matter immediately after service. Further, the interim order granted extended till next date of hearing on 07.11.2019.
4. I further submit that, a joint memo came to be filed by us and I sought time till 31.12.2020 to vacate and handover the suit schedule property and the Respondent accepted my proposal.
5. I further submit and undertake through this affidavit that, I will vacate and handover the suit schedule property on 31.12.2020 without initiating any further proceeding either before this Hon’ble Court or any other court and accordingly, I swear this affidavit in that respect.
What are all stated in the above affidavit are all true and correct to the best of my knowledge, information and belief.”
3. In the affidavit filed today before the Court, the petitioner undertakes that he would vacate and handover the vacant possession of the schedule premises on or before 31.12.2020.
4. In view of the above joint memo and affidavit, the petition is disposed of, with a direction to the petitioner/tenant to vacate and handover the vacant possession of the suit schedule premises on or before 31.12.2020.
The petitioner is directed to continue to pay the rent/damages till he vacates the schedule premises.
Sd/- JUDGE mpk/-* CT:bms