Karnataka High Court
Sri Bhawar Singh vs Sri K R Subbaraju on 2 November, 2020
Author: B.M.Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF NOVEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
CIVIL REVISION PETITION NO. 352/2018 C/W
CIVIL REVISION PETITION NO. 185/2018 (SC)
IN CRP NO. 352/2018
BETWEEN :
SRI BHAWAR SINGH
S/O LATE RANCHOD SINGH
AGED ABOUT 43 YEARS,
MAMTA CASH-N-CARRY
ANANDARAM COMPLEX
NO.565, AVENUE ROAD,
BENGALURU - 560 002.
... PETITIONER
(By SRI. H. J. SANGHVI., ADVOCATE)
AND :
SRI K. R. SUBBARAJU
S/O LATE RAMASWAMY GUPTA
AGED ABOUT 63 YEARS,
R/AT NO.18, APPAJI RAO LANE
NAGARTHPET CROSS
BENGALURU - 560 002.
... RESPONDENT
(By SRI. B. G. VASANTH KUMAR., ADVOCATE)
2
THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA
SMALL CAUSES COURTS ACT, 1964 AGAINST THE ORDER
DATED 11.07.2018 PASSED IN SC. MIS. NO. 186/2017 ON THE
FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, AND XLI
ACMM. BENGALURU, DISMISSING PETITION FILED AGAINST
THE JUDGMENT AND DECREE DATED 08.02.2017 PASSED IN
S.C.NO. 2058/2016 ON THE FILE OF THE XIX ADDITIONAL
SMALL CAUSES JUDGE AND XLI ACMM, BENGALURU, PARTLY
DECREEING THE SUIT EJECTMENT AND DAMAGES.
IN CRP NO. 185/2018
BETWEEN :
SRI BHAWAR SINGH
S/O LATE RANCHOD SINGH
AGED ABOUT 43 YEARS,
MAMTA CASH-N-CARRY
ANANDARAM COMPLEX
NO.565, AVENUE ROAD,
BENGALURU - 560 002.
... PETITIONER
(By SRI. H. J. SANGHVI., ADVOCATE)
AND :
SRI K. R. SUBBARAJU
S/O LATE RAMASWAMY GUPTA
AGED ABOUT 63 YEARS,
R/AT NO.18, APPAJI RAO LANE
NAGARTHPET CROSS
BENGALURU - 560 002.
... RESPONDENT
(By SRI. B. G. VASANTH KUMAR., ADVOCATE)
THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA
SMALL CAUSES COURTS ACT, 1964, AGAINST THE ORDER
DATED 03.03.2018 PASSED ON IA IN SC.MISC NO. 186/2017 ON
THE FILE OF THE XIX ADDL. SMALL CAUSES JUDGE,
3
BANGALORE, DISMISSING THE IA U/O 16 RULE 1 AND 2 R/W
SECTION 151 OF CPC.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Perused the impugned orders and the joint memo filed by the parties.
2. The respondent has filed a suit in S.C. No.2058/2016 on the file of the XIX Additional Small Causes Judge, and XLI ACMM. Bengaluru (for short, the Small Causes Court') for ejectment of the petitioner from the subject premises, and this suit is decreed ex parte on 08.02.2017. The petitioner being aggrieved by such ex parte Judgment has filed SC Misc. No.186/2017 on the file of the Small Causes Court under the provisions of Order IX Rule 13 of the Civil Procedure Code, 1908 [for short 'CPC']. In the miscellaneous proceedings, the petitioner has filed an application under Order XVI Rules 1 and 2 of the CPC. The Small Causes Court 4 by the impugned corresponding orders has dismissed the application under Order XVI Rules 1 and 2 of CPC and the petition in SC Misc. No.186/2017.
3. The parties have now filed a joint memo which reads as follows:
"1. Due to intervention of the well wishers of both the parties, they have amicably settled the matter as follows.
2. That the petitioner hereby is withdrawing the above said two CRPs and agrees to hand over the vacant possession of the schedule shop premises to the respondent within seven days.
3. The respondent has agreed to refund the advance amount of Rs. 40,000/- and along with additional compensation sum of Rs. 2,60,000/- to the petitioner subject to handing over the vacant physical possession to the respondent. The respondent on this day has 5 handed over the D.D. drawn on Kotak Mahindra Bank, Avenue Road Branch bearing no 269588 dated 07.09.2020 for Rs.
1,50,000/- and balance sum of Rs.
1,50,000/- (Rupees One Lakh Fifty
Thousand) will be paid by way of cash on the day of delivering the vacant physical possession of the schedule shop premises.
4. Both the petitioner and respondent hereby undertakes to withdraw all the cases including miscellaneous and execution cases which are pending before the trial court and this Hon'ble court .
5. The petitioner hereby undertaken neither himself nor his associates namely Smt. Santosh Kawar, Sri. Sumandar Singh, Sri. Raju Singh, and Sri Om Singh of M/s Mamta Cash and Carry shall not initiate any litigation in respect of the schedule shop premises in any manner including his family members and legal heirs in whatsoever mode."6
4. The learned Counsel for the parties submit that both the petitioner and the respondent are present in the video conference and the demand draft and the cash as mentioned in the joint memo are handed over to the petitioner. They also identify the parties who acknowledge the handing over of the Demand Draft and the cash as mentioned above. The learned counsel also submit that the parties will file their respective Affidavits as regards their participation in the video conference and the handing over of the Demand Draft and the cash as mentioned in the Joint Memo.
5. Therefore the civil revision petitions are disposed of accepting the joint memo. The parties shall comply with the terms of the joint memo. The parties shall also file affidavit within three days as regards their participation in the video conference and payment of the amounts. In the event the petitioner does not vacate and handover the vacant 7 possession of the subject premises within seven days, the respondent shall be entitled to recover possession by executing of the decree in S.C. No.2058/2016 on the file of the XIX Additional Small Causes Judge, and XLI ACMM. Bengaluru.
SD/-
JUDGE AN/-