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High Court of Karnataka · body

2025 DAILYLAW 15025 (KAR)

SRI SHANKAR SINGH v. SRI MAYUR MANOHAR TAHASILDAR

WP/2910/2025 · 2025-05-06

M G Uma

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18172 WP No. 2910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 2910 OF 2025 (GM-CPC) BETWEEN: SRI. SHANKAR SINGH, S/O JOGRJJEE, AGED ABOUT 41 YEARS, RESIDING AT NO.204/43, 2ND STAGE, EWS KHB COLONY, BASAVESHWARANAGAR, BANGALORE - 560 079. …PETITIONER (BY SMT. SARASWATHI M, ADVOCATE) AND: SRI. MAYUR MANOHAR TAHASILDAR, S/O MANOHAR TAHASILDAR, AGED ABOUT 32 YEARS, RESIDING AT NO. 22, 5TH CROSS, "DWARAKAMAI" MARUTHI LAYOUT, BASAVESHWARANAGAR, BANGALORE - 560 079. …RESPONDENT (BY SRI. TEJAS N, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.01.2025 PASSED IN O.S.NO.461/2025 BY THE CITY CIVIL AND SESSION JUDGE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:18172 WP No. 2910 of 2025 BANGALORE (CCH-18) PASSED IN IA NO.1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC VIDE ANNX-H AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash the impugned order dated 23.01.2025 passed in O.S.No.461/2025 on the file of the learned City Civil and Sessions Judge, Bengaluru passed on I.A.No.1 filed by the petitioner under order 39 Rule 1 and 2 of CPC, produced at Annexure-H. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. Learned counsel for the petitioner submits that the petitioner is ready and willing to deliver vacant possession of the premises infavour of the respondent on or before 30.06.2025, without driving the respondent to take any legal action to recover the possession and without recourse to law and hence prays for disposal of the writ petition. - 3 - NC: 2025:KHC:18172 WP No. 2910 of 2025 4. Learned counsel for the respondent has no objection to permit the petitioner to handover the vacant possession of the premises to the respondent on or before 30.06.2025 and to dispose of the writ petition. 5. Submissions of both learned counsel are placed on record. 6. Petitioner is directed to vacate the premises on or before 30.06.2025 and handover the vacant possession to the respondent without driving him to have recourse to law to get possession of the premises. 7. With the above, petition stands disposed of. Sd/- (M G UMA) JUDGE LDC List No.: 1 Sl No.: 55 CT: BHK