IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA CIVIL REVISION PETITION NO.21/2016 BETWEEN:
SRI LAKSHMINARAYANA SETTY K.V. AGED ABOUT 58 YEARS, S/O. LATE VENKATASWAMY SETTY, RESIDING AT NO.5/1, I CROSS THAVAREKERE MAIN ROAD, SUDDAGUNTEPALYA, DRC POST, BANGALORE - 560 029.
AND ALSO AT NO.66, THAVAREKERE MAIN ROAD SUDDAGUNTEPALYA, DRC POST BENGALURU - 560 029.
(BY SRI K. VISHWANATHA, ADV.) AND:
1. SMT. BHAVYA S.G., AGED ABOUT 28 YEARS, D/O. LATE S.V. GURU REDDY, W/O. SRINIVAS REDDY, R/AT NO.4, SHAMANNA GOWDA LAYOUT, MAIN CHANNAL ROAD, ULSOOR, BANGALORE – 560 008.
... PETITIONER 2. SMT. ASHWINI S.G @ TEJASWINI AGED ABOUT 26 YEARS, D/O. LATE S.V. GURU REDDY, W/O. AJAY KUMAR N., R/AT NO.76, 4TH MAIN, CHINNAPPANAHALLI, MARATHAHALLI POST, BANGALORE – 560 037.
(BY SRI S.V. GIRIDHAR, ADV.) ... RESPONDENTS THIS PETITION IS FILED UNDER S.18 OF SMALL CAUSES COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED IN S.C.NO.1342/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT, DAMAGES AND MESNE PROFIT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER S.C.No.1342/2014 filed by the respondents against the petitioner, in the court of the Small Causes at Bengaluru, having been allowed on 30.11.2015, by the learned III Additional Senior Civil Judge and Member MACT, Bengaluru, whereby the petitioner was directed to quit, vacate and handover vacant possession of the suit schedule shop premises to the plaintiffs within 45 days period and pay mesne profits at the rate of `5,000/- p.m.
from the date of receipt of termination notice i.e., September 2014, till handing over of vacant possession of the suit schedule shop premises, this petition was filed to set aside the said order and dismiss S.C.No.1342/2014.
2. Learned counsel appearing for the parties filed a joint memo. The petitioner has undertaken to withdraw this petition and voluntarily quit and deliver vacant possession of the suit schedule shop premises on or before 31.12.2017. The joint memo signed by the parties as well as by their learned advocates, the execution of which is admitted by the parties present before the Court and identified by their learned advocates, is placed on record.
In view of the above, the petition is disposed of as withdrawn. However, time to vacate and handover vacant possession of the suit schedule shop premises in terms of the order passed by the learned Trial Judge, impugned in this petition, is extended up to 31.12.2017.
It is made clear that it will not be open to the petitioner to seek extension of time and he should make alternative arrangement to shift his business from the petition schedule premises on or before 31.12.2017, without the need for the respondents to file execution case and obtain delivery warrant.
The petitioner shall file an affidavit within a period of six weeks in the usual format, undertaking to abide by the terms and conditions of the joint memo. If the affidavit is not filed within the aforesaid period, the impugned order shall be immediately executable.
Sd/- JUDGE ca