IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION No.128 OF 2019 BETWEEN:
1. Sri. S. Ghayasuddin Ahmed S/o late Sri Syed Ameer Hussain, Aged about 60 years, 2. Sri. S. Jamaluddin @ Nasir S/o late Sri. Syed Ameer Hussain, Aged about 56 years, 3. Sri. S. Akram S/o late Sri. Syed Ameer Hussain, Aged about 48 years, All are R/at No.44/5, Ground Floor, 2nd Cross, Millers Road, Benson Town, Bengaluru – 560 046. ... Petitioners (By Sri. R.B. Sadashivappa, Advocate) AND:
Sri. Rizwanulla Sharieff S/o late Sri. Mohammed Rehamuthulla Shariff Aged about 35 years, R/at No.44/5, First Floor, 2nd Cross, Millers Road, Benson Town, Bengaluru – 560 046. ... Respondent (By Sri. M.A. Azeer Kshuraiashi, Advocate) This Civil Revision Petition is filed under Section 18 of the Karnataka Small Causes Courts Act, against the judgment and decree dated 31.01.2019 passed in S.C. No.931/2014 on the file of the XXI Additional Small Causes Judge, Bengaluru, decreeing the suit for quit and deliver the vacant possession.
This Civil Revision Petition coming on for Admission this day, the Court made the following:
ORDER This revision petition is filed under Section 18 of the Karnataka Small Causes Courts Act, challenging the judgment and decree dated 31.01.2019 in S.C. No.931/2014, wherein the petitioners are directed to deliver the vacant possession of the suit property.
2. Today, the parties have filed application under Order 23 Rule 3 of Code of Civil Procedure settling the dispute between them. The same reads as follows:
“The parties to the above petition submit as follows:-
1. The parties to the above petition submit that matter in dispute in the above revision petition is amicable settled between the parties in the following terms at the intervention of well wishers of both the parties and this Hon’ble Court.
2. The petitioners under take to vacate and deliver vacant possession of the petition schedule property to the respondent voluntarily on or before the end of April 2020 (on or before 30.04.2020) without driving the respondent to file execution case.
3. The respondent under take to pay Rs.1,00,000/- (Rs. One lakh) to the 1st petitioner i.e., Sri. S. Ghayasuddin Ahamad in full and final settlement on vacating and delivering the vacant possession of petition schedule property.
4. The parties to the above petition submit that they have no claims against each other.
5. The respondent under take to withdraw the suit filed by him in O.S.5327/2018 pending on the file of C.C.H.43 claiming arrears of rent.
Wherefore the parties to the above petition pray that this Hon’ble Court be pleased to dispose off the above revision petition in terms of the compromise petition, in the interest of justice and equity.”
3. The application is signed by the petitioners as well as respondent along with their counsel. Petitioner No.1 and respondent are present before the Court and they are identified by their counsel. The petitioners agree to vacate and hand over the vacant possession to the respondent on or before 30.04.2020 for which, the respondent-land lord has agreed. Further, respondent undertakes to pay Rs.1,00,000/- to the petitioners in full and final settlement on vacating and delivering the vacant possession of schedule property.
4. The application is placed on record.
The revision petition is disposed of in terms of the application, particularly directing the petitioners/ tenants to vacate and hand over vacant possession of schedule property on or before 30.04.2020.
Sd/- JUDGE MBM