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2025 DAILYLAW 83487 (KAR)

SRI PURUSHOTHAMA N v. SMT MADHAVI C

CRP/469/2025 · 2025-07-31

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29721 CRP No. 469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 469 OF 2025 (SC) BETWEEN: 1. SRI PURUSHOTHAMA N AGED ABOUT 37 YEARS S/O. SHRI. N NARASIMHAMURTHY, PROP OF GURU XEROX, R/AT NO. 116/2, GROUND FLOOR, 3RD MAIN, MARGOSA ROAD, MALLESHWARA, BENGALURU - 560 003 …PETITIONER (BY SRI. R.B. SADASIVAPPA, ADVOCATE) AND: 1. SMT. MADHAVI C. AGED ABOUT 39 YEARS, D/O. LATE. COL. A. CHANDRASHEKAR, 2. KUM. ASHWINI, AGED ABOUT 33 YEARS, D/O. LATE. COL. A. CHANDRASHEKAR, BOTH BEING REP BY THEIR MOTHER AND GPA HOLDER SMT. C SUJATHA, AGED ABOUT 64 YEARS, W/O. LATE. COL. A. CHANDRASHEKAR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29721 CRP No. 469 of 2025 ALL ARE RESIDING AT NO. 116/1, 3RD MAIN, MARGOSA ROAD, MALLESHWARA, BENGALURU - 560 003 …RESPONDENTS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSE COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.04.2025 PASSED IN S.C.NO.87/2024 ON THE FILE OF XXI ADDITIONAL SMALL CAUSES JUDGE, BENGLAURU., PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant is before this Court seeking the following prayer: “1) Set – Aside Impugned Judgement and Decree dated: 04.04.2025 passed in S C No.87/2024 by the Learned XXI Addl. Small Cause Judge and Motor Accident Claims Tribunal, Bengaluru and allow Civil Revision Petition with consequential relief / s. 2) pass such other order / s, grant such relief / s as this Hon’ble High Court deems fit in accordance with Law.” - 3 - HC-KAR NC: 2025:KHC:29721 CRP No. 469 of 2025 2. Learned counsel for the petitioner – defendant files an affidavit undertaking that he would vacate the premises and delivery the vacant possession of premises. The affidavit reads as follows: “I, Purushothama N., s/o. Sri. N. Narasimha Murthy, aged about 37 years, Proprietor of Guru Xerox, residing at No.116/2, Ground Floor, 3rd Main, Margosa road, Malleswaram, Bengaluru - 560 003, do hereby solemnly affirm and state on oath as follows:- 1) I submit that I am the tenant of the Respondents with respect to the shop premises bearing No. 116/2, Ground Floor, 3rd Main, Margosa Road, Malleswaram, Bengaluru - 560 003, on a monthly rent of Rs.7,000/- (Rupees Seven Thousand) and the month of tenancy is that of English calendar month commencing from first of each calendar month. 2) I submit that I undertake to vacate and deliver vacant possession of the schedule shop premises which is in my occupation and which belongs to the Respondents, on or before the expiry of 9 months, i.e., the end of April 2026 (30/04/2026). 3) I submit that I have paid the rents up to date and I undertake to pay the future rents at the rate of Rs.10,000/- per month. 4) I submit that I have paid advance amount of Rs.50,000/- to the Respondents and which fact is not in dispute and the Respondents shall return the said advance amount to me on my vacating and delivering vacant possession of the schedule shop premises to the Respondents. 5) I submit that I am a poor man earning my livelihood by running xerox business in the schedule - 4 - HC-KAR NC: 2025:KHC:29721 CRP No. 469 of 2025 shop premises and maintaining myself and my family members. Therefore, under the circumstances, I pray that this Hon'ble Court be pleased to dispose off the above revision petition in terms of the above undertaking, in the interest of justice and equity.” In the light of the affidavit so filed by the petitioner undertaking to vacate the premises within nine months, I deem it appropriate to dispose the petition, directing the petitioner to adhere to the undertaking given in the affidavit. 3. With the aforesaid direction, the civil revision petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 56