- 1 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 587 OF 2023 (SC) BETWEEN: SRI K.PUTTASWAMY S/O KARIGOWDA AGED ABOUT 71 YEARS HAVING OFFICE AT: DR.S.K.CHANDRASHEKAR BUILDING HOSPITAL ROAD, VIVEKANANDA NAGARA, MADDURU TOWN, MANDYA DISTRICT - 571 428. …PETITIONER (BY SRI SUNIL S.RAO, ADVOCATE FOR SRI T.SESHAGIRI RAO., ADVOCATE) AND: SRI AMITH CHANDRA S/O LATE DR.S.K. CHANDRASHEKAR, AGED ABOUT 48 YEARS, HAVING OFFICE AT: DR.S.K. CHANDRASHEKAR BUILDING, HOSPITAL ROAD, VIVEKANANDA NAGARA, MADDURU TOWN, MANDYA DISTRICT – 571 428. …RESPONDENT (BY SMT.ROHINI K.M., ADVOCATE FOR C/R) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 13.06.2023 PASSED BY ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADDUR, IN S.C.NO.20/2020 FOUND AT ANNEXURE-A AND CONSEQUENTLY REMAND THE MATTER BACK ON TO ITS ORIGINAL FILE FOR FRESH CONSIDERATION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a. Set aside the impugned judgement and decree dated 13.06.2023, passed by Additional Senior Civil Judge and JMFC Madduru, in S.C No.20/2020 found at Annexure-A and consequently remand the matter back on to its original file for fresh consideration. b. Grant such other reliefs that, this Hon'ble Court deems fit in facts and circumstances of the current revision petition.” 2. Heard Sri Sunil S. Rao, learned counsel for Sri T. Seshagiri Rao, learned counsel for the petitioner and Smt. Rohini K.M., learned counsel for caveator / respondent. - 3 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 3. An affidavit was directed to be filed as to when the petitioner would vacate the premises and deliver the vacant possession of the property, on 19.09.2025. In terms of the order of this Court, the petitioner has filed an affidavit indicating that he would vacate the premises and hand over the vacant possession of the property within one year. 4. The affidavit reads as follows: “1. I state that, I am the Petitioner in the above case and well conversant with the facts of the case. Hence, I depose to the matters pertaining thereto. 2. I state that, I being aggrieved with the order dated 13.03.2023, one passed by the Additional Senior Civil Judge and JMFC, Madduru in S.C. No. 20/2020, whereunder, the learned trial judge by virtue of the impugned judgment, has directed me to vacate and handover the premises on or before a month from the date of passing of the impugned judgment. 3. I state that, being aggrieved with the impugned judgment dated 13.06.2023, I am before this Hon'ble Court with the present Civil Revision Petition, assailing the legality and validity of the impugned judgment passed thereto. 4. Such being the case on hand, the Respondent herein, in order to enforce the impugned judgment, has preferred an execution petition before the Addl. Senior Civil Judge, Maddur in Ex. Pet. No.153/2023. That being the position of the proceedings, this Hon'ble Court vide order dated 24.07.2025 was pleased to stay the operation, implementation and enforcement of the impugned judgment dated 13.06.2023 passed in SC No. 20/2020, I would hereby place an undertaking to the effect that, if an years' time is accorded then, I will - 4 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 vacate and handover the vacate possession of the premises in question to the Respondent since, my entire livelihood is dependent on the premises as I am having a 'Job Typing Centre' thereto. I place an undertaking to this Hon'ble Court to pay the rents regularly also I will not sublet or sublease the premises to anybody. Thus, taking into account the nature of business and the dependent members of my family, I would most humbly request this Hon'ble Court to accord an years’ time so that, I can find an alternative accommodation to that effect. Wherefore, the present undertaking may be placed on record, in the interest of justice and equity.” (Emphasis added) Except the period of one year as indicated in the affidavit, all the terms and conditions are accepted by the learned counsel for the respondent. 5. Learned counsel for the respondent has also filed a memo indicating the arrears of rent to be paid by the petitioner. The memo reads as follows: “MEMO The respondent herein prays permission of this Hon’ble Court of furnish the Memo of calculations of arrears of Rent to be paid by the Petitioner in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 Total: Rs 3,68,724/- Rents paid by the Petitioner: TOTAL ARREARS OF RENTS FROM JAN 2014 TILL DATE….RS.3,68,724/- AMOUNT PAID BY THE TENANT ………….RS. 1,51,000/- BALANCE OF ARREARS… RS 2,17,724/-“ - 6 - HC-KAR NC: 2025:KHC:38933 CRP No. 587 of 2023 6. In the light of the affidavit so filed and the objection of the respondent with regard to the timeline of one year, the period sought to vacate the property within one year as indicated in the affidavit shall be read as nine months. 7. Therefore, the petition stands disposed in terms of the affidavit, subject to the aforesaid modification and clearance of arrears of rent. 8. The executing Court shall bear in mind the undertaking that is accepted by the respondent; consider the modified period of delivery of vacant possession by the petitioner and also arrears of rent while drawing up the decree, accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 67