IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2018 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR CIVIL REVISION PETITION NO.414/2016 c/w CRP NOs.413/2016, 415/2016, 416/2016 and 417/2016 IN CRP NO.414/2016 BETWEEN SMT. RAJUL JAIN, W/O SRI. MAHAVEER PRASAD JAIN, AGED ABOUT 50 YEARS, R/AT NO.781, 3RD MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010. ... PETITIONER (BY SRI. MANISH H.SANGHVI, ADV. FOR SRI. H J SANGHVI, ADV.) AND 1. SMT. RENUKA RAMESH W/O DR.N.RAMESH, HINDU, AGED ABOUT 58 YEARS, R/AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055.
2. SMT. RADHIKA, D/O LATE. DR.M.G.RANGANNA, HINDU, AGED ABOUT 53 YEARS, BOTH ARE NOW AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055. ... RESPONDENTS (BY SRI. S GANGADHARA AITHAL, ADV. C/R1 AND R2) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSES COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 05.07.2016 PASSED IN SC NO.854/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE, BENGALURU, DECREEING THE SUIT FOR EJECTMENT.
IN CRP NO.413/2016 BETWEEN SRI. SACHIN KUMAR JAIN S/O SRI SUKAMAL KUMAR JAIN, AGED ABOUT 35 YEARS, R/AT NO.820, 3RD MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560 010 AND ALSO AT “COTTON CLUB”, NO.71, PADMAVATHI COMPLEX, OLD THARAGUPET, BENGALURU-53, AND ALSO AT:
SHOP NO.5, SITUATED IN THE GROUND FLOOR OF PREMISES BEARING MUNICIPAL NO.217 & 218, “LAKSHMI RANGANNA COMPLEX”, OLD THARAGUPET, B.T.STREET, SULTHANPET CROSS, BENGALURU-53. ... PETITIONER (BY SRI. BY SRI. MANISH H.SANGHVI, ADV. FOR SRI. H J SANGHVI, ADV.) AND 1. SMT. RENUKA RAMESH W/O DR.N.RAMESH, HINDU, AGED ABOUT 58 YEARS, 2. SMT. RADHIKA, D/O LATE. DR.M.G.RANGANNA, HINDU, AGED ABOUT 53 YEARS, BOTH ARE NOW R/AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055. ... RESPONDENTS (BY SRI. S GANGADHARA AITHAL, ADV. C/R1 AND R2) THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL CAUSES COURTS ACT, 1964 AGAINST THE JUDGMENT AND DECREE DATED: 05.07.2016 PASSED IN SC.NO.853/2015 ON THE FILE OF THE COURT OF XIII ADDL. SMALL CAUSES JUDGE, BENGALURU, DECREEING THE SUIT FOR DIRECTING HIM TO QUIT, VACATE THE SUIT PREMISES AND DELIVER THE VACANT POSSESSION OF THE SUIT PROPERTY TO THE PLAINTIFF.
IN CRP NO.415/2016 BETWEEN SMT. RAJUL JAIN, W/O SRI. MAHAVEER PRASAD JAIN, AGED ABOUT 50 YEARS, R/AT NO.781, 3RD MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010. ... PETITIONER (BY SRI. MANISH H.SANGHVI, ADV. FOR SRI. H J SANGHVI, ADV.) AND 1. SMT. RENUKA RAMESH W/O DR.N.RAMESH, HINDU, AGED ABOUT 58 YEARS, R/AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055.
2. SMT. RADHIKA, D/O LATE. DR.M.G.RANGANNA, HINDU, AGED ABOUT 53 YEARS, BOTH ARE NOW AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055. ... RESPONDENTS (BY SRI. S GANGADHARA AITHAL, ADV. C/R1 AND R2) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSES COURTS ACT, 1964 AGAINST JUDGMENT AND DECREE DATED: 05.07.2016 PASSED IN SC.NO.855/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE, BENGALURU, DECREEING THE SUIT FOR DIRECTING HIM TO VACATE THE SUIT PREMISES AND DELIVER THE VACANT POSSESSION OF THE SUIT PROPERTY TO THE PLAINTIFF.
IN CRP NO.416/2016 BETWEEN SMT. RAJUL JAIN, W/O SRI. MAHAVEER PRASAD JAIN, AGED ABOUT 50 YEARS, R/AT NO.781, 3RD MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010. ... PETITIONER (BY SRI. MANISH H.SANGHVI, ADV. FOR SRI. H J SANGHVI, ADV.) AND 1. SMT. RENUKA RAMESH W/O DR.N.RAMESH, HINDU, AGED ABOUT 58 YEARS, R/AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055.
2. SMT. RADHIKA, D/O LATE. DR.M.G.RANGANNA, HINDU, AGED ABOUT 53 YEARS, BOTH ARE NOW AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055. ... RESPONDENTS (BY SRI. S GANGADHARA AITHAL, ADV. C/R1 AND R2) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSES COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 05.07.2016 PASSED IN SC NO.856/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSE JUDGE, BENGALURU, DECREEING THE SUIT FOR POSSESSION.
IN CRP NO.417/2016 BETWEEN SMT. VAISHALI JAIN, W/O SRI SHELENDRA KUMAR JAIN, (WRONGLY TYPED IN THE JUDGMENT WHEREAS THE NAME IS SRI SHELENDRA KUMAR JAIN,) AGED ABOUT 37 YEARS R/AT. NO.795, 3RD MAIN, 4TH BLOCK, RAJAJINAGAR, BANGALORE-560010. ... PETITIONER (BY SRI. MANISH H.SANGHVI, ADV. FOR SRI. H J SANGHVI, ADV.) AND 1. SMT. RENUKA RAMESH W/O DR. N RAMESH, HINDU, AGED ABOUT 58 YEARS, 2. SMT. RADHIKA, D/O LATE. DR. M G RANGANNA, HINDU, AGED ABOUT 53 YEARS, BOTH ARE NOW R/AT NO.42, 1ST FLOOR, 17TH CROSS, 12TH MAIN, MALLESHWARAM, BANGALORE-560055. ... RESPONDENTS (BY SRI. S GANGADHARA AITHAL, ADV. C/R1 AND R2) THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL CAUSES COURTS ACT, 1964 AGAINST THE JUDGMENT AND DECREE DATED: 05.07.2016 PASSED IN SC.NO.857/2015 ON THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE, BENGALURU, DECREEING THE SUIT FOR VACANT POSSESSION.
THESE PETITIONS COMING ON FOR ADMISSION ALONG WITH I.A.I/16 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the respondents. Matter was heard on previous dates.
2. After arguing for some time, learned counsel for the petitioners submitted that if one and a half year time is granted to vacate and hand over possession, the petitioner would voluntarily deliver and hand over vacant possession of the suit schedule premises.
3. The learned counsel for the respondent having consented to the same, an affidavit of undertaking is filed into Court today whereby, the petitioner has undertaken to quit, vacate and deliver vacant possession of the suit schedule premises on or before 1.9.2019.
4. Accordingly, the revision petitions stand dismissed on merits by affirming the order of eviction passed by the Court below in SC 854/18 dated 5.7.2016. The time granted under the impugned order to quit, vacate and deliver vacant possession of the premises is extended. The time stipulated under the impugned Judgment and the order is modified and the petitioners shall voluntarily quit, vacate and deliver vacant possession to the respondent on or before 1.9.2019, without driving the respondent to the Court to secure possession of the suit schedule premises. The civil revision petitions are ordered accordingly.
Sd/- JUDGE Sk/-