Karnataka High Court
M/S Murthy Glass And Plywoods Pvt. Ltd., vs Dr. P.B. Parthasarthy on 25 September, 2020
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
REGULAR FIRST APPEAL NO.1260 OF 2019 (RES)
C/W
REGULAR FIRST APPEAL NO.1261 OF 2019 (POS)
REGULAR FIRST APPEAL NO.1260 OF 2019
BETWEEN:
M/S MURTHY GLASS AND PLYWOODS PVT. LTD.,
NO.1/2, DASAPPA LANE
CHICKPET
BENGALURU-560 053
REPRESENTED BY ITS DIRECTOR
SRI G R PRASAD
AGED ABOUT 69 YEARS
S/O SRI G KRISHNAIAH SETTY
...APPELLANT
(BY SRI: ABHINAV R, ADVOCATE)
AND:
DR. P.B. PARTHASARTHY
AGED ABOUT 70 YEARS
S/O LATE POBBATHI BALARAMAIAH SETTY
NO.21/21, 3RD CROSS,
7TH BLOCK, JAYANAGAR
BENGALURU-560 082
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI P B GOVINDARAJULU
AGED ABOUT 86 YEARS
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S/O LATE POBBATHI BALARAMAIAH SETTY
...RESPONDENT
(BY SRI: B N ANANTHANARAYAN, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1908 AGAINST THE JUDGMENT AND DECREE DATED
19.02.2019 PASSED IN O.S.NO.9205/2015 ON THE FILE OF
THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE DECREEING THE SUIT FOR EJECTMENT,
DELIVERY OF VACANT POSSESSION AND MESNE PROFITS.
REGULAR FIRST APPEAL NO.1261 OF 2019
BETWEEN:
M/S MURTHY GLASS AND PLYWOODS PVT. LTD.,
NO.1/2, DASAPPA LANE
CHICKPET
BENGALURU-560 053
REPRESENTED BY ITS DIRECTOR
SRI G R PRASAD
AGED ABOUT 69 YEARS
S/O SRI G KRISHNAIAH SETTY
...APPELLANT
(BY SRI: ABHINAV R, ADVOCATE)
AND:
1. SRI. P.A. NIRANJAN
AGED 59 YEARS
S/O. LATE. P S ASWATHANARAYANA
R/AT NO. 3123, 19TH CROSS
2ND MAIN, BSK III STAGE,
BENGALURU 560070
2. SRI. P A SRINATH
AGED ABOUT 52 YEARS
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S/O. LATE. P S ASWATHANARAYANA,
3. SRI. P L VIJAYA KUMAR
AGED ABOUT 53 YEARS
S/O. LATE. P S ASWATHANARAYANA,
RESPONDENT NOS. 2 AND 3 BOTH
R/AT NO. 2, SRI. VASAVI TEMPLE ROAD,
VV PURAM, BENGALURU 560004
...RESPONDENTS
(BY SRI: B N ANANTHANARAYAN, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1908 AGAINST THE JUDGMENT AND DECREE DATED
19.02.2019 PASSED IN O.S.NO.9204/2015 ON THE FILE OF
THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FOR EJECTMENT,
VACANT POSSESSION AND MESNE PROFITS.
THESE RFA's COMING ON FOR FINAL DISPOSAL,
THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:-
JUDGMENT
When these matters were taken up for hearing, learned counsel for the appellant/tenant submitted that the appellant/tenant undertakes to vacate the premises, if reasonable time is given and subject to reduction of damages fixed by the trial court.
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2. Learned counsel for respondents on instructions of respondents-landlords agreed to grant nine months' time to the appellant/tenant to vacate the premises subject to regular payment of mesne profits/damages at the rate of Rs.35,000/- p.m. and subject to the appellant/tenant giving an undertaking by way of an affidavit to vacate the premises within nine months from today without dragging the landlords to further litigation or to take recourse to execution of this order.
In view of the above submissions, impugned orders dated 19.02.2019 passed in O.S.No.9204/2015 and O.S.No.9205/2015 passed by learned X Addl. City Civil & Sessions Judge, Bengaluru are modified.
The appellant/tenant is directed to vacate the schedule premises within nine months from today subject to payment of mesne profits/damages at the rate of Rs.35,000/- p.m. from the date of decree i.e., from 19.02.2019 until the date of vacating the plaint schedule premises.
The appellant/tenant shall give an undertaking by way of affidavit to vacate the plaint schedule premises by the end -5- of June 2021 and to pay to the respondents/landlords mesne profits at the rate of Rs.35,000/- p.m. from 19.02.2019 till the date of vacating the plaint schedule premises.
In the event, the appellant/tenant fails to pay the mesne profits or damages at the above rate, the landlords are at liberty to take possession of the plaint schedule premises irrespective of the time granted under this order.
The judgments and decrees dated 19.02.2019 passed by learned X Addl. City Civil & Session Court, Bengaluru in O.S.No.9204/2015 and O.S.No.9205/2015 stand modified to this extent.
The appeals stand disposed of in terms of this order. The amount in deposit is ordered to be paid to the respondents/landlords on proper identification.
Sd/-
JUDGE *mn/-