Karnataka High Court
Mr. Mohammed Ali vs Mr. D Syed Noorul Hasan on 6 November, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC:44879
CRP No. 236 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CIVIL REVISION PETITION NO. 236 OF 2021
BETWEEN:
1. MR. MOHAMMED ALI
S/O. LATE. MR. K FAREED HAJI,
NO. 177, DHARMA RAJA KOIL STREET,
BANGALORE - 560 001
...PETITIONER
(BY SRI. ABDUL SALAM N.K., ADVOCATE)
AND:
1. MR. D SYED NOORUL HASAN
S/O. LATE. MR. D SYED ABBAS,
2. MRS. MALLIKA BEGUM
W/O. LATE. MR. D SYED ABBAS
Digitally signed BOTH ARE R/AT NO. 168,
by
SHARADAVANI ARMSTRONG ROAD,
B
Location: High
SHIVAJINAGAR,
Court of BANGALORE - 560001
Karnataka
...RESPONDENTS
(BY SRI. MEHTER M. AZZAM, ADVOCATE FOR C/R1 AND R2)
THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA
SMALL CAUSES COURT ACT, AGAINST JUDGMENT DATED
13.01.2021 PASSED IN S.C.NO.15344/2018 ON THE FILE OF
THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
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NC: 2025:KHC:44879
CRP No. 236 of 2021
HC-KAR
MAYO HALL UNIT, BENGALURU, PARTLY DECREEING THE SUIT
FOR EJECTMENT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
1. Learned counsel for the revision petitioner has filed an Affidavit which reads as under:
" I, Mohammed Ali, S/o Late Mr. K Fareed Haji, aged about 55 years, shop at No.177, Dharma Raja Koil Street, Bangalore- 560051, permanently residing at Kuniyil House, post Thuvvakunnu, Kolavalloor, Kannur, -670693, Kerala do hereby solemnly affirms and state on oath as follows:-
1. I state that I am the petitioner in the above case I know the fact and circumstances of this petition, hence I am swearing this affidavit.
2. I state that this Civil Revision Petition is file a challenging the Order of Ejectment of Shop Premises. And that, both the Parties are herewith agreed to settle the issues amicably.-3-
NC: 2025:KHC:44879 CRP No. 236 of 2021 HC-KAR
3. 1 state that I am ready to vacate schedule premises and handover the possession to the respondent on or before 31- 12-2026 of my half portion, as per the terms of settlement. I state that I verified the contents of this affidavit are true and correct to the best of my knowledge, belief and information, in the intrust of justice and equity."
2. Counsel for the respondents has endorsed no objection to the contents of the affidavit subject to clearance of arrears of rent.
3. Placing the affidavit on record, revision petition stands disposed off.
4. It is made clear that petitioner shall voluntarily vacate and hand over the premises to the respondent without driving the respondent to execution proceedings.
5. It is further made clear that entire arrears of amount shall be paid by the petitioner on or before 30.11.2025 less the amount already in deposit and -4- NC: 2025:KHC:44879 CRP No. 236 of 2021 HC-KAR continue to pay the rents as and when it accrues till the petitioner vacates the premises.
6. Failure to pay the arrears of rent and failure to pay the rent as and when it accrues, the respondent/ landlord can execute the decree foregoing the extension of the time granted by this Court in this order.
Sd/-
(V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 39 CT-SG