IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT CRP NO.16/2019 BETWEEN:
SRI VIMAL KUMAR S/O. LATE SRI DEVARAM AGED ABOUT 46 YEARS SHOP NO.6, MEDARPET KUMBARPET CROSS BENGALURU – 560 002 …APPELLANT (BY SRI G.B.NANDISH GOWDA, ADVOCATE) AND:
SMT. HALAMMA W/O. LATE SRI C.SHARANAPPA AGED ABOUT 86 YEARS R/AT NO.6, MEDARPET KUMBARPET CROSS BENGALURU – 560 002 ... RESPONDENT (BY SRI K.SRINIVAS, ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES ACT, 1964 AGAINST THE JUDGMENT AND DECREE DATED 12.12.2018 PASSED IN SC.NO.1466/2017 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE, BANGALORE, DECREEING THE SUIT FOR EVICTION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner-tenant is before this court assailing the judgment and decree dated 12.12.2018 passed in S.C.No.1466/2017 on the file of Court of Small Causes at Bengaluru. On issuance of notice, the respondent has entered appearance through his advocate. Today, the joint memo dated 29.08.2019 is filed by the parties, which is duly signed by the petitioner and learned counsel for the petitioner and respondent. The joint memo reads as follows:
“The parties to the above Revision Petition submits that, they mutually agreed that, time granted by the Trial Court to the petitioner/ tenant to vacate and deliver the vacant possession of schedule premises in favour of Respondent-landlord is extended till the end of December, 2020.
The Respondent/landlord has no objection to grant time upto the end of December, 2020 to the petitioners/tenant to vacate and deliver the vacant possession of the schedule premises to the respondent/landlord.
The petitioner undertakes to vacate and deliver the vacant possession of the petition schedule premises to the respondent on or before the end of December, 2020.
Wherefore, under the circumstances, the parties to the above Revision Petition prays that this Hon’ble Court be pleased to modify the impugned order dated: 12-12-2018 passed by the Court of Small Causes (SCCH-23) at Bengaluru, in S.C.No.1466/2017 by extending the time upto the end of December, 2020 for the petitioner/tenant to vacate and deliver vacant possession of the schedule premises to the Respondent/landlord.”
2. From the joint memo, it is seen that the petitioner- tenant has agreed to vacate and hand over the vacant possession of the suit premises by the end of December, 2020 and the landlord-respondent has no objection for the same. The learned counsel for the petitioner undertakes that the petitioner- tenant would continue to pay the agreed rent till he vacates the premises on or before 31.12.2020. It is submitted that a sum of Rs.1,65,360/- is in deposit before this court towards arrears of rent which the respondent-landlord is entitle to receive.
3. The registry is directed to release a sum of Rs.1,65,360/- which is in deposit before this Court in favour of the respondent-landlord. The judgment and decree in S.C.N0.1466/2017 dated 12.12.2018 is modified and the petitioner-tenant given time to vacate and deliver the vacant possession of the suit schedule premises till 31.12.2020.
Accordingly, the petition is disposed of.
Sd/-
JUDGE HJ