Disposed

Smt. P.C. Rukmani v. Namera K. Devaiah

Karnataka HC28 Nov 2023CRP/120/2016

Case brief

AI extract

What is this about?

High Court at Bengaluru disposed of a revision petition challenging the rejection of a strike-out application. The Court found the dispute between parties was settled via an affidavit undertaking to pay enhanced rent and vacate the property by 31.12.2027, directing closure of pending suits.

What did the court decide?

The revision petition was disposed off on the terms of the respondent's affidavit undertaking the settlement. The pending suits in O.S. No.87/2010 and O.S.No.4/2011 were disposed off on the same terms

Smt. P.C. Rukmani Vs Namera K. Devaiah — Specific Performance | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 120 OF 2016 (IO)

¶6

BETWEEN:

¶7

SMT. P.C. RUKMANI W/O LATE SHRI P. CHANDRASHEKARA NAIDU, AGED ABOUT 56 YEARS,

¶8

SHRI P.C. SANTOSH S/O LATE SRI. P. CHANDRASHEKARA NAIDU, AGED ABOUT 33 YEARS,

¶9

BOTH 1 AND 2 RESIDING AT: BLOCK NO.4, PATEL NAGAR, GONIKOPPAL TOWN AND POST, S. KODAGU -571 213

¶10

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶11

SRI. CHEKKERA M ACHAIAH @ BIPIN S/O LATE SRI. C.B. MONNAIAH, AGED ABOUT 58 YEARS, PLANTER, HEBBALE VILLAGE, DEVARAPURA POST, S. KODAGU-571 213

¶12

…PETITIONERS

¶13

(BY SRI. I.S.DEVAIAH, ADVOCATE FOR PETITIONER NO.3)

¶14

AND:

¶15

NAMERA K. DEVAIAH S/O LATE DR. N.M. KUTTAPPA, AGED 61 YEARS, RESIDENT AT BUILDING NO. BLOCK NO.7, MAIN ROAD,

¶16

2 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶17

GONIKOPPAL TOWN, PONNAMPET NAD, VIRAJPET TALUK, KODAGU DISTRICT-571213

¶18

…RESPONDENT

¶19

(BY SMT. ANUSHA NANDISH, ADVOCATE)

¶20

THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 12.02.2016 PASSED ON I.A NO.6 IN O.S NO.87/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., VIRAJPET, DISMISSING THE I.A NO.6 FILED UNDER ORDER VII, RULE 11(a) AND (d) READ WITH SECTION 151 OF CPC.

¶21

THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

ORDER

¶23

Petitioners have challenged an order dated 12.02.2016 passed by the Senior Civil Judge and JMFC., Virajpet, (henceforth referred to as the 'Trial Court') in O.S. No.87/2010 by which an application (I.A. No.VI) filed by them under Order VII Rule 11(a) and 11(d) read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'IPC') was rejected. It is relevant to note that O.S.No.87/2010 is filed by the respondent herein for a

¶24

3 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶25

declaration that he has a right of pre-emption in respect of the suit property from defendant Nos.1 to 3, while O.S.No.4/2011 is filed by the petitioner No.3 for eviction of the respondent from the same property.

¶26

When this petition was listed for admission on 23.11.2023, this Court recorded the fact that the parties had settled the dispute in terms of which, the respondent had agreed to pay enhanced rent at the rate of Rs.5,000/per month from December 2023 and onwards and he agreed to quit and deliver vacant possession of the suit schedule property to the petitioners on or before 31.12.2027. The respondent was directed to file an affidavit undertaking the above. Pursuant to the said order dated 23.11.2023, petitioner No.3 and the respondent have filed a joint memo and the respondent has filed an affidavit, which reads as follows:

¶27

"AFFIDAVIT FILED BY THE RESPONDENT

¶28

I, Namera K. Devaiah, s/o late Dr. Nameera M Kuttappa, aged about 68 years, residing at V- 243/6, Main Road, Virajpet Taluk, Gonikoppal,

¶29

¶30

NC: 2023:KHC:42946 CRP No. 120 of 2016

¶31

Kodagu-571213, today at Bengaluru, do hereby solemnly state and affirm on oath as follows:

¶32

I am the Respondent in the present case and am conversant with the facts of the case, and hence am swearing to this affidavit.

¶33

In furtherance to the undertaking given by me before this Hon'ble Court on 23.11.2023, towards full and final settlement of the disputes between me and the Petitioners, I undertake as follows:

¶34

i. I undertake to quit and deliver vacant and peaceful possession of the suit property being house property bearing Sy. No. 21/5 of 8.5 cents with 2 portions of old mud wall tiled line shop building measuring 20x25 feet and situated in Aruvathoklu village within Block 7, Main Road, Gonikoppal Town, South Kodagu (" Suit Property ") to the 3^rd Petitioner, Mr. Chekkera M. Achaiah @ Bipin Achaiah, on or before, but not later than, 31.12.2027, and I also undertake to ensure that any and all of my family members, including but not limited to, my

¶35

5 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶36

wife, children, mother and sisters, shall vacate the Suit Property on or before such date. At the time of handing over vacant possession, the security deposit of Rs.1,00,000/- (Rupees One Lakh only) shall be refunded to me simultaneously.

¶37

ii. I undertake to keep the Suit Property in good and tenantable condition and undertake not to damage or destroy any portion of the Suit Property, and also undertake not to license, sublet, underlet or part with possession of the Suit Property in any manner whatsoever, to any person;

¶38

iii. I have, as on 27.11.2023, paid the arrears of rent at the rate of Rs. 2,000/- (Rupees two thousand only) per month from October, 2010 till October, 2023 (amounting to Rs.1,75,000/-, after deducting an amount of Rs. 1,40,000/that have already deposited before this Hon'ble Court). I also undertake to regularly, without delay or default and on or before the 5^th of every month, pay rent at the rate of Rs.5,000/- (Rupees five

¶39

6 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶40

thousand only) per month to the 3^rd Petitioner from December, 2023 onwards till the date of handing over vacant possession of the Suit Property to the 3^rd Petitioner;

¶41

iv. The suit in O.S. 4/2011 pending before the Court of the Senior Civil Judge and J.M.F.C. at Ponnampet may be decreed as per the terms undertaken in this affidavit; and

¶42

v. I acknowledge that in the event of breach of any term of this undertaking, I shall be liable to be evicted.

¶43

vi. I further acknowledge that this undertaking shall be binding on me and on all persons claiming through or under me as well as my heirs and legal representatives.

¶44

I swear that this is my name and signature and that what is stated above is true and correct to the best of my knowledge, information and belief.

¶45

7 - NC: 2023:KHC:42946 CRP No. 120 of 2016

¶46

SUIT PROPERTY

¶47

The house property bearing Sy. No. 21/5 of 8½ cents with 2 portions of old mud wall tiled line shop building measuring 20x25 feet with the residential portion with an attic at the back and situated in Aruvathoklu village within Block No. 7, Main Road, Gonikoppal Town, South Kodagu and bounded by:

¶48

East by: Remaining portion of Sy. No.21/5; West by: Sy. No. 21/6;

¶49

North by:Gonikoppal-Mysore main road;and South by: Stream"

¶50

The respondent and the petitioner No.3 are

¶51

present in person and are identified by their respective counsel. They have affixed their signatures to the order sheet of the Court in token of the acceptance of the terms mentioned in the affidavit filed by the respondent.

¶52

In view of the above, the revision petition stands disposed off on the above terms. Consequently, the suit in O.S. No.87/2010 pending before the Court of Senior Civil Judge and JMFC., Virajpet and the suit filed in

¶53

¶54

NC: 2023:KHC:42946 CRP No. 120 of 2016

¶55

O.S.No.4/2011 pending trial before the Civil Judge and

¶56

JMFC, Ponnampet, are disposed off on the above terms.

¶57

The Registry is directed to intimate the Senior Civil Judge and JMFC., Virajpet regarding closure of O.S.

¶58

No.87/2010. Likewise, the Registry is directed to intimate the Civil Judge and JMFC, Ponnampet about the closure of O.S.No.4/2011.

¶59

Any amount in deposit is ordered to be released

¶60

to the petitioner No.3.

¶61

Sd/JUDGE

¶62

SMA

¶63

List No.: 1 Sl No.: 9

Smt. P.C. Rukmani v. Namera K. Devaiah

Case brief

What is this about?

What did the court decide?

Smt. P.C. Rukmani v. Namera K. Devaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Commissioner Vs Rajashekar C

Prashant Kumar S Vs State of Karnataka

Rajesh G Vs Smt Impana Naik K

Smt Dhanalaxmi Vs Cuddapah Sri Paramahamsa Sachidananda Yogeeshwar'S Mathalayam Trust Regd.

Sandhya Realtors Private Limited Vs the State by Marathalli Police Station

Sri. Mallikarjunaiah Vs Smt. S.Chandrakala