- 1 - HC-KAR NC: 2025:KHC:28013 CRP No. 5 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 5 OF 2025 (SC) BETWEEN: 1. SMT. SHILPA. N, W/O GIRISH, AGED ABOUT 36 YEARS, R/AT NO.8/1, 1ST FLOOR, KURABARAHALLI, KAVERINAGAR, BANGALORE – 560 086. …PETITIONER (BY SRI. SURESH M., ADVOCATE) AND: 1. SRI. SATHISH, S/O. KEMPANNA GOWDA, AGED ABOUT 40 YEARS, R/AT 4TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARA NAGAR, BANGALORE – 560 079. …RESPONDENT (BY SRI. VENKATACHALAPATHY S.G., ADVOCATE) THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 08.11.2024 PASSED IN SC.NO.49/2024 BY THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, BENGALURU, DECREEING THE SUIT FOR EJECTMENT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28013 CRP No. 5 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Suresh M., learned counsel appearing for the petitioner and Sri.Venkatachalapathy S.G., learned counsel appearing for the respondent and have perused the materials on record. 2. Petitioner is the tenant. The respondent is the landlord. Landlord institutes suit in S.C.No.49/2024 seeking eviction of the petitioner and delivery of vacant possession of the property. The suit comes to be decreed directing vacation of the property. It is this that has driven the petitioner to this Court. 3. Learned counsel for the petitioner had submitted that if one year time is granted, he would vacate and deliver vacant possession of the premises and accordingly, an affidavit is filed. The affidavit reads as follows: "I, Shilpa N, aged 36 years, wife of Sri. Girish, residing at No.8/1, 1st Floor, Kurubarahalli, Kavernagara, Bengaluru- - 3 - HC-KAR NC: 2025:KHC:28013 CRP No. 5 of 2025 560 086, do hereby solemnly affirm and state on oath as follows:- 1. I say that I am the Petitioner and am well conversant with the facts deposed to herein and of the case. 2. I say that this Petition is filed challenging the Judgement and Decree dated 08-11-2024 in SC No. 49/2024 on the file of the VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru (SCCH-5). The Trial Court Decreed the Suit and thereby Ordered for Eviction from the Scheduled premises within Two (2) months from the date of the Order. 3. I say that this Petition came before the Bench on 05- 06-2025 and this Court was pleased to grant Interim Order subject to the payment of arrear of Rs. 36,000/-(Rupees Thirty-six thousand) to the Respondent by 28-06-2025. 4. I say that above Petition came before the Bench on 17-07-2025 for further Consideration. In the course of the hearing, I undertaken to vacate and handover the vacant possession to the Respondent/Landlord within (01) one year from the date of the Order passed in this Petition and also undertaken to pay the monthly rent as and when due. The Respondent/Landlord though the entire amount towards rent was paid, raised objection of non-payment of Rs.12,500/- (Rupees twelve thousand five hundred). Though I am not liable, I undertake to pay the same by including said amount along with payment of rent for month of July 2025. 5. I say that at the time of I took the possession as tenant, I paid Rs. 80,000/- (Rupees Eighty thousand) as Refundable Security Deposit and the Respondent/Landlord is holding the same. 6. I say that as I undertaken, I am vacating the Scheduled premises on or before 31-07-2026 and further undertakes to pay rent till 31-07-2026 without any default. I further undertake to pay all monthly electricity charges till 31-07-2026. 7. I say that this undertaking is given by free will and consent by understanding consequences thereof. I request this Court to direct the Respondent/Landlord to refund the Refundable Security Deposit of Rs.80,000/- (Rupees Eighty - 4 - HC-KAR NC: 2025:KHC:28013 CRP No. 5 of 2025 thousand) on the date of vacating the Schedule premises without any delay. I solemnly affirm and state that this is my name and signature and the contents of this Affidavit are true." 4. Learned counsel representing the landlord has no objection to any of the contents of the affidavit. 5. In the light of the affidavit of undertaking so filed as quoted herein above, I deem it appropriate to dispose the petition and the modification of the decree so drawn by the concerned Court permitting the petitioner to stay in the premises for the next one year from today and abide by all the conditions in the affidavit of undertaking so filed. The modified decree be accordingly drawn. Ordered accordingly and petition is disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 91