Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24213 CRP No. 161 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 161 OF 2025 (SC-) BETWEEN:
SRI NARENDRA KUMAR M., S/O SRI MAHADEVAIAH AGED ABOUT 43 YEARS RESIDING AT NO.57 1ST FLOOR, 2ND CROSS NANDADEEPA LAYOUT RAJARAJESHWARINAGAR BENGALURU - 560 098. …PETITIONER (BY SRI KRISHNAMOORTHY D., ADVOCATE) AND:
1.
SRI GOVINDARAJU S/O LATE THIMMEGOWDA AGED ABOUT 49 YEARS
2.
SMT. ANITHA W/O SRI GOVINDARAJU AGED ABOUT 39 YEARS
BOTH ARE RESIDING AT NO. 135, 6TH CROSS K.B.NAGAR, MYSORE ROAD BENGALURU - 560 026. …RESPONDENTS (BY SRI DEVARAJ G., ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:24213 CRP No. 161 of 2025
THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA SMALL CAUSES COURT ACT, AGAINST SET ASIDE THE IMPUGNED ORDER DATED 27-01-2025 PASSED BY LEARNED VI ADDL. AMALL CAUSES JUDGE AND ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY, IN S.C.NO. 453/2023 BY ALLOWING THIS CIVIL REVISION PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner – defendant – tenant, is before this Court calling in question judgment and decree dated 27.01.2025, passed in S.C.No.453/2023, passed by the VI Additional Small Causes Judge and ACJM, Bengaluru, whereby, the suit seeking ejectment, preferred by the respondent – landlord, is decreed. 2. Heard Sri Krishnamoorthy D., learned counsel for the petitioner and Sri Devaraj G., learned counsel for the respondents. 3. Pursuant to the order passed by this Court on 25.06.2025, the petitioner files an affidavit of undertaking that he would vacate and deliver the vacant position of the property
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HC-KAR NC: 2025:KHC:24213 CRP No. 161 of 2025
to the respondents within 6 months from today. He also files a memo of calculation with regard to the payment of rent and would also undertake to diligently pay the rent for the next 6 months that he is permitted to stay. The memo reads as follows:
“M E M O of C A L C U L A T I O N The above petitioner humbly submits that, the detailed statement of ADVANCE and RENT paid to the respondents from 05.08.2021 to 24.06.2025 as mention below: Statement of ADVANCE paid to the respondent:
Statement of RENT paid to the respondents:
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HC-KAR NC: 2025:KHC:24213 CRP No. 161 of 2025
Further, the Rent from 05-08-2021 to 24-06-2025 is total 46 months x rent of Rs.15,000/- per month is total amount of Rs.6,90,000/- (Rupees Six Lakh Ninty Thousand only) and as per the statement mentioned above, the petitioner has paid Rs.6,89,000/- (Rupees Six Lakh Eighty-Nine Thousand only) for the total 46 months. The rent amount of Rs.1,000/- (Rupees One Thousand only) is due towards rent payable to the respondents as on 24-06-2025. - 5 -
HC-KAR NC: 2025:KHC:24213 CRP No. 161 of 2025
WHEREFORE, this Hon’ble Court is pleased to accept this Memo of Calculation and pass necessary orders in the interest of justice and equity.”
In that light, I deem it appropriate to dispose the petition itself, without interfering with the judgement and decree passed in S.C.No.4532023, by taking on record the undertaking of the petitioner. 4.
It is needless to observe that at the time of the petitioner delivering the vacant possession, the respondents shall return the security deposit / advance in the manner that it was received by them, subject to the adjustment of any arrears as on the date of the delivering the vacant possession. 5. With the aforesaid directions, the petition stands
disposed. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 65 CT:SS