Smt. B Parvathamma vs Sri W H Puttaiah on 25 September, 2012

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Karnataka High Court

Smt. B Parvathamma vs Sri W H Puttaiah on 25 September, 2012

Bench: N. Ananda

                               1




  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 25TH DAY OF SEPTEMBER 2012

                          BEFORE

          THE HON'BLE MR.JUSTICE N. ANANDA

          CIVIL REVISION PETITION No.380/2012

BETWEEN:

Smt.B.Parvathamma
W/o late Shambhu Rao
Aged about 70 Years
'M/s.Pavithra Stores'
Shop No.62, Ground Floor
Opp. to Movieland Talkies
Subedar Chatram Road
Bangalore - 09.                           ... Petitioner

(By Sri T.Mohandas Shetty, Advocate)

AND:

1. Sri W.H.Puttaiah
   S/o late Chikka Hanumanthappa
   Aged about 61 Years

2. Sri W.H.Anil Kumar
   S/o W.H.Hanumanthappa
   Aged about 55 Years

Both are r/at No.30/A
8th 'A' Main, Rajamahalvilas
Extn., Bangalore - 40.                   ... Respondents

(By Sri M.R.Vijayaraghavan, Advocate for C/R)
                              2




      This petition is filed under Section 18(1) of Small
causes Court Act r/w Section 115 of C.P.C., against the
judgment dated 12.07.2012, passed in S.C.No.1032/2011,
on the file of the Judge, Court of Small Causes, Bangalore,
decreeing the suit for possession and etc.

      This petition coming on for admission this day, the
Court made the following:

                        ORDER

When the matter is taken up for hearing, learned counsel for parties have filed a joint memo reading as hereunder:

"Petitioner-tenant has preferred this Revision Petition against the order of ejectment dated 12.7.2012 passed in S.C.1032/2011 on the file of Addl. Small Causes Judge, Bangalore City filed by the respondents/owners.

Petitioner/tenant is prepared to vacate the schedule premises if 8 (Eight) months time is granted to her to vacate the premises and respondents are also willing to grant such time to petitioner. Petitioner undertakes to vacate the premises voluntarily by such time and also undertakes to pay the future damages at the same rate without delay or default to the respondents. This revision petition may kindly be disposed off in terms of above granting time to petitioner to vacate."

The joint memo is accepted.

2. In view of filing of joint memo by learned counsel for parties, the impugned decree of eviction is confirmed. However, time granted by the trial court is extended.

The petitioner-tenant is granted Eight (8) months time from today to vacate and deliver vacant possession of petition schedule premises to the respondents/landlords without driving the respondents/landlords to execution proceedings. The petitioner-tenant shall regularly pay future damages as determined by the trial court. If petitioner- tenant were to commit default in payment of future damages at the rate determined by the trial court, the benefit of time granted in this order shall stands revoked.

3. The petition is disposed of in terms of joint memo filed by parties.

Sd/-

JUDGE Np/-

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