Dismissed

Sri B S Vishwanatha v. Sri P K Sham

Karnataka HC6 Dec 2024WP/15063/2024

Case brief

AI extract

What is this about?

The petitioner challenged a trial court order under Article 227. The High Court noted a settlement between parties, recorded the joint compromise memo regarding rent and eviction, and disposed of the writ petition upholding the trial court action.

What did the court decide?

The writ petition was disposed off; the impugned order was upheld; the trial court was directed to dispose of the suit based on the compromise.

Sri B S Vishwanatha Vs Sri P K Sham — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:52126 WP No. 15063 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 15063 OF 2024 (GM-CPC)

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BETWEEN:

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SRI B S VISHWANATHA, AGED ABOUT 42 YEARS, S/O SANNASWAMYGOWDA, R/A BHOOTHANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571 107. AND ALSO AT NO.1973 B M ROAD, PERIYAPATNA - 571 107.

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…PETITIONER

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(BY SRI. SHRIDHARAMURTHY H R., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI P K SHAM, AGED ABOUT 51 YEARS, S/O LATE P S KRISHNAMURTHY, D NO.525, ANEKETHANA ROAD, KUVEMPUNAGARA P AND T BLOCK, MYSURU - 570 023.

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…RESPONDENT

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(BY SRI A. MADHUSUDANA RAO, ADVOCATE FOR C/R)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR RECORDS IN O.S.NO.13/2017 ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, PERIYAPATNA, HEAR THE PARTIES. (B) QUASH/SET

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2 - NC: 2024:KHC:52126 WP No. 15063 of 2024

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ASIDE THE ORDERS DATED 21.03.2024 PASSED ON MEMO DATED 05.10.2023 AND IA NO.VI IN O.S.NO.13/2017 ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, PERIYAPATNA VIDE WRIT ANNEXURE-A AND CONSEQUENTLY DISMISS THE SAME.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner who was the defendant in O.S No.13/2017 on the file of Addl. Civil Judge and JMFC, Periyapatna has filed this petition challenging an order dated 21.03.2024, by which an application filed by the respondent under Order VI Rule 17 of Code of Civil Procedure (CPC) was allowed.

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After the petition was heard, this Court suggested the parties to settle the dispute. It is heartening to note that the parties have arrived at a settlement and have filed a joint memo which reads as follows:

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"1. The Petitioner has filed the above Writ Petition challenging the order dated 05/10/2023, passed by the Learned Additional Civil Judge and JMFC, Periyapatna, on IA No. 6 in OS No. 13/2017. The said suit has been filed by the Respondent against the Petitioner seeking ejectment of the Petitioner from the suit schedule property

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2. During the pendency of the Writ Petition, on the intervention of this Hon'ble Court, the

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3 - NC: 2024:KHC:52126 WP No. 15063 of 2024

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Petitioner and the Respondent have agreed to settle the dispute between them in the manner stated here under.

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3. The Petitioner has agreed to vacate the suit schedule property, i.e., Shop Premises measuring 20 feet east to west, on the southern side, and 10 feet cast to west on the northern side, 40 feet north to south on the eastern side and 25 feet north to south on the western side, situated on the ground floor portion of the property bearing assessment No. 1973, situated at B.M Road, Periyapatna, within three years from this day, i.e., on or before 06/12/2027, without driving the Respondent to file any execution proceedings.

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4. During this period, the Petitioner undertakes to pay a sum of Rs. 12,000/- per month, towards rent/usage charges in respect of the premises. The same shall be payable on or before 5th of every calendar month. On the Petitioner handing over possession of the suit schedule property, the Respondent agrees to refund the advance amount of Rs.3,00,000/- to the Petitioner.

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5. It is further agreed between the parties that in the event of the Petitioner committing default in paying the rent for any single month, it is open for the Respondent to execute the decree, and take possession of the suit schedule property from the Petitioner.

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6. It is prayed that this Hon'ble Court be pleased to record the above Compromise entered into between the Petitioner and the Respondent and dispose of the above Writ Petition in terms of this Joint Memo and also direct the Additional Civil Judge, Periyapatna to dispose of the suit in OS No. 13 of 2017 in terms of this compromise by the refunding the Court Fee paid by the Respondent on Memorandum of Plaint, in the interest of Justice and Equity."

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NC: 2024:KHC:52126 WP No. 15063 of 2024

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The petitioner and the respondent were present in person and they admit the terms of a joint memo and also accepted that they have affixed the signature on the joint memo. In that view of the matter, no order needs to be passed in this writ petition disturbing the impugned order.

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Consequently, this writ petition stands disposed off and the impugned order passed by the Trial Court is upheld. The Trial Court is directed to dispose off the suit by drawing up a decree in terms of the joint memo filed by the parties, which is extracted above.

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In order to facilitate the Trial Court to proceed with the matter, the registry is directed to forward the joint memo filed before this Court to the Trial Court for necessary orders.

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Sd/(R. NATARAJ) JUDGE

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THM List No.: 1 Sl No.: 10

Sri B S Vishwanatha v. Sri P K Sham

Case brief

What is this about?

What did the court decide?

Sri B S Vishwanatha v. Sri P K Sham

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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