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Supreme Court - Daily Orders

C.R Govindaraju (D) Th. Lr vs K.S. Kiran Babu on 31 January, 2014

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                                                                      OUT TODAY
ITEM NO.6A (MM)                  Court No.6             SECTION IVA

              S U P R E M E    C O U R T   O F    I N D I A
                            RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).2919/2014

(From the judgement and order dated 20/12/2013 in HRRP No.142/2012      of   The
HIGH COURT OF KARNATAKA AT BANGALORE)

C.R GOVINDARAJU (D) TH. LR                           Petitioner(s)

                   VERSUS

K.S. KIRAN BABU & ORS                                Respondent(s)

(With prayer for interim relief and office report)

Date: 31/01/2014    This Petition was called on for mentioning today.


CORAM :
          HON’BLE MR. JUSTICE T.S. THAKUR
          HON’BLE MR. JUSTICE C. NAGAPPAN


For Petitioner(s)           Mr. R.S. Hegde,Adv.
                            Mr. Rajeev Singh,Adv.


For Respondent(s)


             UPON hearing counsel the Court made the following
                                 O R D E R

Heard.

We see no reason to interfere with the impugned order. The special leave petition is accordingly dismissed.

The High Court has, by the order impungned in this special leave petition, extended time to vacate and hand over delivery of possession to the respondents by 31st January, 2014. Learned counsel for the petitioners seeks two months further time to do the needful. He submits that the petitioners have already secured alternative accommodation and would positively shift to the new premises within the extended period.

In the ordinary course we would not have interfered with the order passed by the High Court which is purely discretionary in nature but keeping in view the statement made at the Bar that the petitioners would not seek any further extension and pay compensation for use and occupation of the said premises for the extended period, we direct that time for vacating the premises stands extended upto 31st March, 2014, subject to the petitioners deposits with the trial court or pays directly to the respondents, compensation for use/occupation of the premises at the rate of Rs.3500/- (Rupees three thousand five hundred) per month. The deposit shall be made with the trial court by 10th of February, 2014 and 10th of March, 2014 respectively failing which the eviction proceedings passed by the courts below shall become executable forthwith. The amount so deposited be released in favour of the respondents.

      |(Mahabir Singh)         | |(Veena Khera)       |
|Court Master            | |Court Master          |