Disposed

Smt Shivani v. Smt T Shivananjamma

Karnataka HC10 Sept 2024CRP/49/2024

Case brief

AI extract

What is this about?

Civil revision petition challenging a small causes court decree for ejectment. The petitioner undertook to vacate the property within six months. The court disposed of the petition, allowing the petitioner until February 28, 2025, to vacate, subject to payment of monthly rent.

What did the court decide?

Petitioner granted time until 28.02.2025 to vacate property, subject to payment of monthly rent of Rs. 3,700/-. IA disposed of.

Smt Shivani Vs Smt T Shivananjamma — Landlord and Tenant | Karnataka HC (2024)

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NC: 2024:KHC:38580 CRP No. 49 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CIVIL REVISION PETITION NO. 49 OF 2024 (SC)

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BETWEEN:

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SMT SHIVANI D/O LAKSHMI RAO, AGED ABOUT 42 YEARS, NEW NO.49 (OLD NO.34) 9TH MAIN ROAD, KALAPPA BLOCK, SRINAGAR, BENGALURU - 560 050.

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…PETITIONER

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(BY SRI. SHEKHARAPPA, ADVOCATE)

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AND:

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SMT T SHIVANANJAMMA W/O LATE SHIVASHANKAR, AGED ABOUT 67 YEARS.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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SMT. SOUBHAGYA LAKSHMI D/O LATE SHIVASHANKAR, AGED ABOUT 47 YEARS

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BOTH ARE R/AT NEW NO.49, (OLD NO.34) 9TH MAIN ROAD, KALAPPA BLOCK, SRINAGAR, BENGALURU - 560050.

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…RESPONDENTS (BY SRI. MAYANNA GOWDA N R, ADVOCATE)

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THIS CRP IS FILED UNDER SEC.18 OF THE SMALL CAUSES COURT ACT., AGAINST THE JUDGMENT AND DECREE DATED 21.07.2023 PASSED IN SC NO.953/2022 ON THE FILE OF II ADDITIONAL JUDGE AND ACMM COURT OF SMALL CAUSES, BENGALURU., DECREEING THE SUIT FOR EJECTMENT.

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NC: 2024:KHC:38580 CRP No. 49 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the impugned judgment and decree dated 21.07.2023 passed by the Court of Small Causes, Bengaluru, in S.C. No. 953/2022, whereby the petitioner (defendant herein) was directed to quit and deliver vacant possession of the suit schedule property to the plaintiff within six months from the date of the order. Further, the plaintiff was awarded damages at the rate of Rs. 3,700/- per month from the date of the suit until the vacant possession of the suit schedule property is handed over.

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The learned counsel for the petitioner, after arguing the matter, seeks time to vacate the suit schedule property.

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The learned counsel for the respondent-plaintiff submits that the impugned judgment and decree was passed on 21.07.2023, and therefore, the petitioner is not entitled to any further extension of time to vacate and hand over possession of the suit schedule property.

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The submissions of the learned counsel for the parties have been duly heard, and the records have been carefully perused.

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The impugned judgment and decree was passed on 21.07.2023. The petitioner, having now undertaken to vacate the

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NC: 2024:KHC:38580 CRP No. 49 of 2024

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suit schedule property within six months from today, the petition is disposed of with the following directions:

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The petitioner shall vacate the suit schedule property on or before 28.02.2025.

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The petitioner shall pay monthly rent at the rate of Rs. 3,700/- per month as and when it falls due.

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In the event that the petitioner fails to pay the monthly rent, the plaintiff is at liberty to execute the decree, and may withdraw the amount deposited before the Executing Court.

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The plaintiff is also reserved the liberty to seek recovery of any arrears of rent before the Executing Court.

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In view of the disposal of the main petition, I.A. No. 2/2024 does not survive for consideration and accordingly stands disposed of.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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Smt Shivani v. Smt T Shivananjamma

Case brief

What is this about?

What did the court decide?

Smt Shivani v. Smt T Shivananjamma

Case brief

What is this about?

What did the court decide?

What the court decided

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