- 1 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 682 OF 2024 (SC) BETWEEN: SRI K.V.RAMACHANDRA S/O.K.R.VENKATESH MURTHY AGED ABOUT 62 YEARS RESIDING AT NO. No.145/21 SECOND MAIN ROAD THIRD CROSS, CHAMARAJAPET BENGALURU-560 018 …PETITIONER (BY SRI RAMESH CHANDRA, ADVOCATE) AND: 1. SMT.SWETHA N.R. W/O.MR.N.R.CHANDHAKULA AGED ABOUT 45 YEARS 2. MR.N.R.CHANDHAKULA S/O.SRI G.NARAYANA MURTHY AGED ABOUT 49 YEARS 3. MR.N.R.GAGAN S/O.MR.N.R.CHANDHAKULA AGED ABOUT 21 YEARS ALL ARE R/AT NO.1 (OLD NO.43/1) SECOND FLOOR SUSHEELA MAIN ROAD CHIKKAMAVALLI BENGALURU-560 004 …RESPONDENTS (BY MS.TEJASHWINI R.H. FOR SRI R.R.DEVENDRA GOWDA, ADVOCATES) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 THIS CRP IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURTS ACT, 1964 PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 01.08.2024 PASSED IN SC NO.1227/2022 BY XXI ADDITIONAL SMALL CAUSES JUDGE, BENGALURU. THIS PETITION COMING ON FOR ADMISSIION, 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: "For the above reasons and on the above reasons grounds, and on such other reason or reasons, ground or grounds as may be urged and advanced at the time of the Final Hearing of the revision, the petitioner prays that this Hon'ble Court be pleased to call for the records, allow the revision and after setting aside the Judgment and decree dated 1st Day of August 2024 and dismiss the suit, in SC No.1227 of 2022 of XXI Additional Small Causes Judge and Motor - 3 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 Accident Claims Tribunal, Bengaluru (SCCH-23) in the interest of justice and equity." 2. This Court, on 03.07.2025, had passed the following order: "The learned counsel appearing for the petitioner hands over a cheque of Rs.33,000/- being the arrears of rent, as on today. The learned counsel appearing for the petitioner shall also file an affidavit of undertaking of delivery in vacant possession of the premises, within nine months from 10.07.2025. The affidavit shall be filed before this Court on 10.07.2025. List this matter on 10.07.2025. Interim order granted earlier is extended till the next date of hearing." 3. Pursuant to the said order, both the petitioner- tenant and the respondents-landlords have filed their respective affidavits. The affidavit of the petitioner-tenant reads as follows: "I, Sri K.V. Ramachandra, S/o K.R. Venkatesh Murthy, Aged about 64 years, Residing at No.45, Third Cross, Chamarajapet, Bengaluru- Page No.3 is retyped and replaced vide court order dated 23.10.2025 - 4 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 560018, do hereby solemnly affirm and state on oath as follows: 1. I am the Petitioner herein and I am fully aware of the facts of the case. 2. I state that I have preferred the above Civil Revision Petition challenging the impugned order/ judgment passed by the learned Court below. 3. I further state that without prejudice to my rights and contentions in the above petition, and in order to amicably resolve the matter, I hereby voluntarily undertake before this Hon'ble Court that I shall vacate and hand over vacant possession of the premises at No. No.45, Third Cross, Chamarajapet, Bengaluru-560018 to the Respondents. 4. I submit that this undertaking is given since this Hon'ble Court granted me a period of nine (9) months from the date of the order in this petition to vacate the said premises. I require this time to find alternative accommodation and make necessary arrangements for shifting. 5. I further undertake that during the period of nine (9) months, shall continue to pay the agreed-upon rent. Page No.4 is retyped and replaced vide court order dated 23.10.2025 - 5 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 What is stated above is true and correct to the best of my knowledge, belief, and information." The affidavit of respondent No.2-landlord reads as follows: "I, Mr. N. R. CHANDAKULA, S/o G.Narayana Murthy, Aged about 50 years, R/at: No.1, (Old No.43/1) Second floor, Susheela Main road, Chikkamavalli, Bengaluru-560 004, do hereby solemnly affirm and state on oath as follows:- 1. I state that, I am the Respondent No.2 in the above case and I know the facts of the case. Hence, I am swearing to this Affidavit. I am also authorized to swear on behalf of Respondents No. 1 and 3. 2. I state that, the Petitioner has preferred the above Civil Revision Petition challenging the impugned order/ Judgment passed by the learned trial Court passed in S.C.No.1227/2022. 3. I state that, as per this Hon'ble Court's direction dated 03/07/2025 to the Petitioner, he supposed to have filed detailed Affidavit/Undertaking. However, on 10/07/2025 the Petitioner has filed a vague affidavit - 6 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 without mentioning other details with regard arrears of rents/damages and future rents etc, etc. Thus, this Hon'ble Court directed us to file our affidavit, hence this Affidavit. 4. I state that, below is the table showing the arrears of rent/damages and the cost that the Petitioner herein was due. No. PARTICULARS AMOUNT (Rs.) 1. Proportionate Costs as per the impugned Order/ Judgment, dated 01.08.2024 passed by the 21st Addl. Small Causes Judge and Motor Vehicle Claims Tribunal, Bangalore. 10,250/- 2. Arrears of Rent, as on the date of filing of suit (i.e., 16.12.2022) 40,000/- 3. The damages of Rs. 11,000/- p.m., from the date of filing of suit (i.e., 16.12.2022) till its realization, i.e., the damages is as per the impugned Order passed by the 21st Addl. Small Causes Judge and Motor Vehicle Claims Tribunal, Bangalore dated 01.08.2024 (from 16.12.2022 to 15.06.2025=30 months) Hence, 11,000x30 months 3,30,000/- 4. (Less) Partial payment made by the Petitioner via cheque bearing No.718349 dated 25/04/2025 drawn on Indian Bank, Chamarajpet branch, Bangalore. (-)2,87,000/- 5. (Less) Partial payment made by the Petitioner via cheque bearing No.718350 dated 03/07/2025 drawn on Indian Bank, Chamarajpet branch, Bangalore. (-) 33,000/- TOTAL AMOUNT PAYABLE AS ON 11/07/2025 Rs. 60,250/- 5. I state that, after hearing the matter with regard to admission, on 03/07/2025 this Hon'ble Court directed the Petitioner to vacate - 7 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 and handover the possession of the premises at No. No.45, Third Cross, Chamarajpet, Bengaluru-560 018 on or before 9 months from 10/07/2025(as stated above). 6. I state that, in view of the fact that, the petitioner yet to pay of rent/costs to an extent of Rs 60,250/- to us while disposing the above CRP the petitioner shall be directed to pay said amount immediately to us. 7. I state that, further this Hon'ble Court may kindly direct the Petitioner to not to make any default in paying the rent/damages at the rate of Rs. 11,000/- per month for the next 9 months from 10/07/2025 (i.e., till he vacates our premises). As per the impugned order passed by the trial court. WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to direct the Petitioner to comply with terms and conditions in the interest of justice and equity." 4. In the affidavit of the petitioner, he would submit that he would vacate and deliver the vacant possession of the property within nine (09) months from 10.07.2025. Page No.7 is retyped and replaced vide court order dated 23.10.2025 - 8 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 5. Certain conditions are imposed with regard to return of advance amount that is paid at the time of entering into tenancy, which is at Rs.50,000/-. 6. Learned counsel for respondents submits that Rs.10,250/- is the cost imposed, which is not paid by the petitioner. 7. In the light of the settlement arrived pursuant to the directions of the Court, I deem it appropriate to restrict the payment of advance amount of Rs.50,000/- at the time of the petitioner vacating and delivering the vacant possession of the premises, subject to reduction of natural wear and tear. 8. With the aforesaid observations recording the undertaking of the petitioner that he would vacate and deliver the vacant possession of the subject premises within nine (09) months from 10.07.2025, the petition stands disposed of. - 9 - HC-KAR NC: 2025:KHC:26066 CRP No. 682 of 2024 The set-off of Rs.50,000/- made by the petitioner towards arrears of rent shall be refunded to the respondents-landlords within four weeks from today. Sd/- (M.NAGAPRASANNA) JUDGE LB