Karnataka High Court
Shah Tolchand Dead By His Lrs vs U.S. Mohan Das on 2 July, 2014
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 2nd day of July, 2014
Before
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
Civil Revision Petition 210 / 2014
Between
Shah Tolchand - dead - by his LRs
1 Ambalal, 58 yrs
2 Mahendra Kumar, 50 yrs
3 Prakash Kumar, 46 yrs
4 Suresh Kumar, 42 yrs
All are s/o late Tolchand and are
R/o 'Sha Suresh Kumar Ambalal
Opp: Kalikaparameshwari Temple
Gandhibazar, Shimoga Petitioners
(By Sri P N Harish, Adv.)
And
U S Mohan Das, 69 yrs
S/o late U P Shankar Rao
R/o Kuvempu Road
Opp: Div. Office of Canara Bank
Tilaknagar, Shimoga Respondent
(By Sri M Vinaykeerthy, Adv.)
2
This Revision Petition is filed under S.115 of the CPC praying to
set aside the order dated 20.3.2014 in Ex.No.118/2011 by the Prl. Sr.
Civil Judge & CJM, Shimoga.
This Revision Petition coming on for Admission this day, the
Court made the following:
ORDER
The judgment debtors before the civil court in Ex.No.118/2011 are before this Court aggrieved by the order dismissing the application filed under S.47 of the CPC.
Heard the counsel for respective parties. The execution is of the year 2011. After the suit was decreed for ejectment, raising some ground tenants are before this Court to contend that the premises consists of residential and nonresidential portion. However, the matter is successfully dragged on for three years. It is time to get the things settled.
In that view of the matter, while rejecting all the contentions raised by the petitioners herein, petitioners/tenants are given time till the 3 end of 31st March, 2015 to voluntarily vacate and hand over vacant possession of the premises subject to the condition they shall pay all arrears of rent and go on paying the rent as and when it falls due. An undertaking to this effect be filed within four weeks before this Court.
Petition is disposed of.
Sd/-
Judge An