IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR CIVIL REVISION PETITION NO.214/2015 (SC) BETWEEN SRI ASHOK KUMAR S/O SRI LALCHAND, AGED ABOUT 49 YEARS, NO.16, MASTAN SAHEB LANE, GULECHA MARKET, NAGARTHPET CROSS, BENGALURU 560 002, REPRESENTED BY HIS GPA HOLDER SRI. KANTILAL. ... PETITIONER (BY SRI. V B SHIVA KUMAR) AND SMT VIJAYALAKSHMI REPRESENTED BY HER LRS:
1. SMT. S. SHANTHALAKSHMI W/O LATE MANJUNATH R AGED ABOUT 40 YEARS, RESIDING AT NO.179, 30TH “A” MAIN ROAD, J P NAGAR, 6TH PHASE, BENGALURU 560078.
2. SMT CHAYADEVI D/O LATE SAMPANGIRAMAIAH AGED ABOUT 37 YEARS, RESIDING AT NO.179, 30TH “A” MAIN ROAD, J P NAGAR, 6TH PHASE, BENGALURU 560078.
3. SRI S CHAYAPRAKASH SON OF LOATE SAMPANGIRAMAIAH AGED ABOUT 34 YEARS, RESIDING AT NO.179, 30TH “A” MAIN ROAD, J P NAGAR, 6TH PHASE, BENGALURU 560078. ... RESPONDENTS (BY SRI. M.MADHUSUDAN, FOR SRI. V VISHWANATH SETTY, ADVOCATES) THIS CRP IS FILED UNDER SEC.18 OF THE SMALL CAUSES COURT ACT, AGAINST THE JUDGMENT DATED 5.3.2014 PASSED IN S.C.NO.1925/2011 ON THE FILE OF THE XII ADDL. SMALL CAUSES JUDGE, BENGALURU, DECREEING THE SUIT FOR POSSESSION, ARREARS OF RENT AND DAMAGES.
THIS CRP COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner.
2. The petitioner is before this court being aggrieved by the order passed by the trial court in S.C. No.1925/2011 dated 05.03.2015 whereby, the trial court has been pleased to decree the suit and further directed the petitioner who is the defendant therein to quit and deliver the vacant possession of the suit schedule premises in favour of the plaintiff within two months.
3. The learned counsel for the petitioner today files into this court an affidavit on behalf of the petitioner and sworn to by his power of attorney, wherein, it is stated that the parties have reached an understanding whereby the respondent has agreed to extend and grant further six months time to quit, vacate and deliver the vacant possession of the premises.
4. The learned counsel for the respondent- landlord would confirm the settlement arrived between the parties. Hence, the Civil Revision Petition stands dismissed and the order of the trial court stands affirmed with the exception with regard to the time granted to quit, vacate and deliver the vacant possession of the suit schedule premises which is extended by a further period of six months from today subject to the condition that the petitioner will be entitled for the refund of the interest free security deposit available with the respondent-landlord and subject to the petitioner regularly paying the agreed damages without fail every month.
Accordingly, the Civil Revision Petition is dismissed.
Sd/- JUDGE CT-HR Chs*