Sri M Mohammed vs Sri B M Devananda on 10 March, 2016

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Karnataka High Court

Sri M Mohammed vs Sri B M Devananda on 10 March, 2016

Bench: S.N.Satyanarayana

                                -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 10TH DAY OF MARCH 2016

                             BEFORE

        THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

                         C.R.P.NO.319/2014


BETWEEN:

SRI M.MOHAMMED,
S/O MOOSA,
AGED ABOUT 73 YEARS,
PROPRIETOR, M/S.M.K.M.TRADERS,
NO.71/5, GROUND FLOOR,
RAJARATHNAM MARKET,
GUNDOPANTH STREET,
BANGALORE - 560 002.                         ...PETITIONER

(BY SRI P.USMAN, ADVOCATE)

AND :

1.      SRI B.M.DEVANANDA,
        S/O B.V.MUNISWAMAIAH SETTY,
        RESIDING AT NO.415, 33RD CROSS,
        7TH B MAIN ROAD, 4TH BLOCK,
        BANGALORE - 560 011

        SINCE DEAD BY HIS LR'S

A)      SMT.B.D.NAGARATHNA,
        W/O B.M.DEVANANDA,
        AGED ABOUT 57 YEARS,

B)      SRI B.D.CHANDRASHEKAR,
        S/O B.M.DEVANANDA,
        AGED ABOUT 37 YEARS,

C)      SRI B.D.VINAY,
                          -2-



     S/O B.M.DEVANANDA,
     AGED ABOUT 35 YEARS,

D)   SRI B.D.KAILASH,
     S/O B.M.DEVANANDA,
     AGED ABOUT 30 YEARS,

     A) to D) ARE RESIDING AT
     NO.415, 33RD CROSS,
     7TH B MAIN ROAD, 4TH BLOCK,
     BANGALORE - 560 011.

2.   SRI A.V.ASHWATHANARAYAN,
     S/O LATE A.M.VENKATACHALAPATHI SETTY,
     MAJOR, RESIDING AT NO.132/33,
     10TH 'A' MAIN ROAD, 1ST BLOCK,
     JAYANAGAR, BANGALORE - 560 011.

3.   SRI B.M.RAVINDRA,
     S/O B.V.MUNISWAMAIAH SETTY,
     MAJOR, RESIDING AT NO.798,
     10TH MAIN ROAD, 4TH BLOCK,
     JAYANAGAR,
     BANGALORE - 560 011.          ...RESPONDENTS

(BY SRI M.VEERABHADRAIAH, ADVOCATE
FOR R1 (A-D), R2 & R3)


     THIS CRP IS FILED UNDER SECTION 18 OF SMALL
CAUSES ACT, AGAINST THE JUDGMENT AND DECREE
DATED 30.07.2014 PASSED IN S.C.NO.NO.1524/2012 ON
THE FILE OF MEMBER, MACT AND XX ASCJ, BANGALORE,
DECREEING THE SUIT FILED FOR EVICTION, EJECTMENT
AND ARREARS OF RENT.


    THIS CRP COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
                               -3-



                            ORDER

This Revision Petition is filed by the defendant in SC.No.1524/2012 on the file of the Small Causes Court, Bengaluru, SCCH-22, wherein the aforesaid proceedings is initiated seeking eviction of the petitioner herein. The said proceedings came to be decreed on 30.7.2014 directing the defendant, who is the petitioner herein to vacate and deliver possession of the suit schedule property in favour of the plaintiffs in said proceedings, who are respondents herein.

2. Though this petition is at the stage of admission, a compromise petition is filed by the parties under Order XXIII Rule 3 r/w Section 151 of CPC, wherein it is stated that the parties to the proceedings have amicably settled their dispute with reference to tenancy rights of petitioner herein. In terms of the compromise petition, the petitioner agree and accept the order of eviction passed against him subject to condition that he may be permitted to continue in possession of the suit schedule property till 28.2.2017. He also agreed to pay the revised rent at Rs.13,000/- pm., for the period commencing from 1.3.2016 to 28.2.2017. The said offer of the petitioner is accepted by the respondents, who are the plaintiffs in the court -4- below. It is also agreed between the parties that the petitioner would pay the rent regularly during the period when the right to continue is extended till 28.2.2017 and he would be voluntarily vacating the suit schedule property without forcing the landlord-respondents herein to file execution petition for taking delivery of the same.

3. Accordingly, the compromise petition is taken on record and revision petition is disposed of in terms of the compromise petition.

Sd/-

JUDGE nd/-

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