- 1 - HC-KAR NC: 2025:KHC:20751 HRRP No. 4 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH HOUSE RENT REV. PETITION NO.4 OF 2020 BETWEEN: 1. SMT. NISHATH BANU, W/O. LATE SHABBEER AHMED S, AGED ABOUT 51 YEARS. 2. SRI. ABDUL ZAAHIR SHAH, S/O. LATE SHABBEER AHMED S, AGED ABOUT 33 YEARS. BOTH ARE RESIDING AT NO.27/3, M.V. 2ND BLOCK, 2ND CROSS, MARAPPA GARDEN, CHURCH ROAD, J.C.NAGAR, BENGALURU-560 006. …PETITIONERS (BY SRI. Y. NAGARAJ, ADVOCATE FOR SRI C. SHANKAR REDDY, ADVOCATE) AND: 1. SRI. MOHAMMED AFROZ MODI, S/O SRI. M. IBRAHIM MODI, AGED ABOUT 41 YEARS, RESIDING AT NO.162, 163, SEPPINGS ROAD, BENGALURU-560 001. 2. SMT. NUSRATH FATHIMA, CLAIMING TO BE THE W/O LATE SHABBEER AHMED S, AGED ABOUT 44 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20751 HRRP No. 4 of 2020 RESIDING AT NO.164, SEPPINGS ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SYED KHALEEL PASHA, ADVOCATE FOR R1 AND R2) THIS HRRP IS FILED UNDER SECTION 46(1) OF THE KARNATAKA RENT ACT, 1999 PRAYING TO CALL FOR THE RECORDS IN H.R.C.NO.10007/2018 FROM THE FILE OF THE HONOURABLE COURT OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., COURT OF SMALL CAUSES MAYO HALL UNIT, BENGALURU (SCCH.20), PERUSE THE SAME, HEAR THE PETITIONERS AND ALLOW THE ABOVE REVISION PETITION BY SETTING ASIDE THE IMPUGNED ORDER PASSED ON 09.10.2019 AND RESOTRE THE EVICTION PETITION TO FILE FOR BEING DISPOSED OF ON MERITS BY HOLDING THAT THE PROVISIONS OF SECTION 43 OF THE KARNATAKA RENT ACT, 1999 ARE NOT APPLICABLE AND GRANT RELIEF'S AS THIS HONOURABLE COURT DEEMS FIT. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER The petitioners, the respondents and their respective learned counsel are present before the Court and they have filed a memo for disposal of the revision petition on the ground that there was a settlement between the parties in terms of the judgment dated 15.04.2025 passed in R.F.A.No.53/2023. The respondent No.1/tenant has agreed to vacate and handover the vacant possession of the schedule property in this revision petition, on or before 31.12.2025, - 3 - HC-KAR NC: 2025:KHC:20751 HRRP No. 4 of 2020 without driving the landlord to initiate execution proceedings. The said finding is recorded in paragraph Nos.4 and 5 of the judgment passed in R.F.A.No.53/2023. 2. In view of the memo and settlement arrived between the parties, the revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 62