Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA HOUSE RENT REV. PETITION NO. 3 OF 2025
BETWEEN:
SRI. V. RAMESH REDDY SON OF LATE VENKATARAMAN REDDY, AGED ABOUT 69 YEARS, NO.2498, 17TH MAIN, HAL II STAGE, BANGALORE - 560 017. …PETITIONER (BY SRI. VIJAYA KUMAR R., ADVOCATE) AND:
SRI. NOOR AHMED SON OF LATE ABDUL KAREEM, AGED ABOUT 68 YEARS, PROPRIETOR AIR INDIA WATCH COMPANY OLD BANGALORE - MYSORE ROAD, RAMANAGARA TOWN, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI. K.M.JAGANATH, ADVOCATE)
THIS HRRP IS FILED UNDER SECTION 46(1) OF KARNATAKA RENT ACT, AGAINST THE
ORDER DATED 30.10.2024 PASSED IN HRRP 1/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 19.09.2019 PASSED IN H.R.C.NO.2/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA ALLOWING THE PETITION FILED UNDER SECTION 27(2)(R) R/W SEC.30/31 OF KARNATAKA RENT ACT.1999.
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER Parties are present with their respective counsel. 2. A Joint memo is filed signed by parties and their respective counsel, which reads as under:
“The Petitioner and the Respondent named above, file the following Joint Memo in the above case:
1. The Respondent hereby consents to an order of eviction and accordingly the Petitioner is hereby withdrawing all the contentions raised by him in the Statement of Objections filed before the Trial Court. 2. The Petitioner herein has agreed to grant time to the Respondent to quit, vacate and deliver vacant possession of the petition schedule premises to the Petitioner on or before 3l.08.2027 and the Petitioner has agreed for the same. 3. The Respondent has agreed to pay the Petitioner a sum of Rs.600/- [Rupees Six Hundred only] every month as rent/damages towards use and occupation of the petition schedule premises in advance on or before the 10th
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
day of each current month from 01.08.2025 till the end of 31/08/2027. 4. The Respondent undertakes that he will not sub-let or part with possession of the petition schedule premises or any part thereof to any third party or parties. 5. The Respondent undertakes that he shall not commit default in payment of rent/ damages as detailed hereinabove towards use and occupation of the Petition schedule premises and if for any reason the Respondent were to commit default of two consecutive months, then the time granted to the Respondent to vacate the petition schedule premises in Clause-2 hereinabove shall not enure to his benefit and the Petitioner shall be at liberty to file an execution case and seek delivery warrant in respect of the petition schedule premises. 6. The Respondent further undertakes not to damage the petition schedule premises and will hand over the same intact and will not seek any extension of time on whatsoever grounds. 7. The Respondent undertakes to pay the electricity charges to the concerned authority without committing any default and will ensure that there are no arrears at the time of handing over vacant possession of the petition schedule premises to the Petitioner
8.
The Respondent has agreed to voluntarily surrender vacant possession of the petition schedule
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
premises on or before 31.08.2027 without driving the Petitioner to file an execution petition. Both parties hereby agree that if the Respondent fails to deliver vacant possession of the petition schedule premises on or before 31.08.2027, then it is open to the Petitioner to file an execution petition for delivery of possession and further the Executing Court may directly proceed to issue an order of delivery warrant to break open the lock with police help, without there being any need to issue notice to the Respondent. Wherefore, the parties pray that this Hon'ble Court be pleased to dispose off the above petition in terms of the Joint Memo filed this day, in the interest of justice and equity.”
3. As per the terms of the joint memo, the revision petitioner being the landlord, has agreed to give two years time for the respondent/tenant to remain in the petition schedule property. Thereafter hand over the vacant possession of the petition schedule property voluntarily without driving the landlord to any execution proceedings. Respondent/tenant has agreed to pay monthly rent as and when it accrues. 4. On enquiry, parties admit that the terms of the compromise petition depict the true terms of settlement and
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
there is no force or undue influence or coercion in reaching out the terms of the settlement. 5. Accordingly there is no impediment for this Court to place the joint memo on record and dispose of the petition. Accordingly, the following:
ORDER (i) Petition stands disposed of in terms of joint memo. (ii) Consequently, eviction petition in HRC No.2/2017 is allowed. (iii) Respondent/tenant is granted time till 31.08.2027 to hand over the vacant possession of the petition property to the petitioner/landlord without driving the landlord to any execution proceedings. (iv) Further, respondent/tenant is directed to pay monthly rent s regularly as and when it accrues.
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HC-KAR NC: 2025:KHC:30760 HRRP No. 3 of 2025
(v) An undertaking by way of affidavit shall be filed by respondent/tenant in this regard within four weeks from today. Ordered accordingly.
Sd/- (V SRISHANANDA) JUDGE
MR