Karnataka High Court
Sri Prathap Kumar vs Sri K A Bopaiah on 15 January, 2013
Author: C.R.Kumaraswamy
Bench: C.R. Kumaraswamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15TH DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR. JUSTICE C.R. KUMARASWAMY
H.R.R.P. NO.10/2013
BETWEEN:
SRI PRATHAP KUMAR
S/O KRISHNOJI RAO
AGED: 41 YEARS
R/A NO.2818, 11TH CROSS
KALIDASA ROAD
V V MOHALLA MYSORE ... PETITIONER
(BY SRI S N BHAT, ADVOCATE)
AND:
SRI K A BOPAIAH
LATE K T APPANNA
AGED: 67 YEARS
POST BOX NO.1
SIDDAPURA
NORTH KODAGU-571 201 ...RESPONDENT
(BY SRI C M POONACHA, ADVOCATE FOR
LEXPLEXUS, ADVOCATES)
THIS H.R.R.P. IS FILED U/S 115 OF CPC,
AGAINST THE ORDER DATED 10.12.2012 PASSED IN
R R NO.40/2012 ON THE FILE OF V ADDITIONAL
DISTRICT JUDGE, MYSORE, DISMISSING THE
PETITION AND CONFIRMING THE ORDER DT
14.8.2012 PASSED IN HRC NO.73/2011 ON THE FILE
2
OF I ADDITIONAL FIRST CIVIL JUDGE, AND JMFC,
MYSORE, ALLOWING THE PETITION FILED U/S
27(2)(r) R/W SEC 31(1) OF KARNATAKA RENT ACT.
THIS PETITION IS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. C. M. Poonacha, learned counsel for Lexplexus files power on behalf of the respondent.
2. Sri. S. N. Bhat, learned counsel for the petitioner files a memo.
3. Learned counsel for the respondent has made an endorsement on the memo as 'seen'. He further submits that suitable order may be passed.
4. The memo dated 15.1.2013 reads as follows:
"The petitioner tenant concedes the petition and ready and willing to vacate the petition schedule premises on or before 31st December 2013 and order may kindly be passed accordingly in the interest of justice and equity. The tenant offer to pay rent of Rs.1000/- from this day till the date of vacating the same."3
5. This HRRP is disposed of in terms of the memo. The revision petitioner shall file an affidavit undertaking that he will vacate the schedule premises on or before 31.12.2013. The said affidavit shall be filed within four weeks from today.
SD/-
JUDGE LB