- 1 - HC-KAR NC: 2025:KHC:25571 CRP No. 366 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 366 OF 2024 (SC) BETWEEN: SRI. KUMAR C, S/O CHIKKANNA, AGED ABOUT 45 YEARS, CHRONO OPTICALS, 6185/2, GROUND FLOOR, RAJESHWARI MARKET, AVENUE ROAD, BENGALURU - 560 002. …PETITIONER (BY SRI. SATHYA D, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: SMT. SAROJA, W/O LATE V. YOGESHWAR, AGED ABOUT 60 YEARS, R/AT NO. 27/9, 4TH CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENT (BY SRI. JAGADISH S. PATIL, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL CAUSES COURT ACT., AGAINST THE JUDGMENT AND DECREE DATED 27.04.2024 PASSED IN SC NO.201/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND ACMM, COURT OF Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25571 CRP No. 366 of 2024 SMALL CAUSES, BENGALURU, DECREEING THE SUIT FOR EJECTMENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Sathya D., learned counsel for Shri K.V. Narasimhan, learned counsel appearing for the petitioner and Shri Jagadish S. Patil, learned counsel appearing for the respondent. 2. The petitioner is before this Court seeking the following prayers: "A. Call for records in S.C.No.201/2022 on the file of the learned Senior Civil Judge and ACMM Court of Small Causes at Bengaluru. B. Allow this Revision Petition and set aside the Judgement and Decree dated 27.04.2024 passed in SC.No.201/2022 by the learned Senior Civil Judge and ACMM Court of Small Causes at Bengaluru. C. Grant such other and further reliefs that this Hon'ble court may deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:25571 CRP No. 366 of 2024 3. This Court on 19.06.2025 had passed the following order: "The Coordinate Bench of this Court after hearing the parties at length, had passed the following order on 24.06.2024: "1. After hearing both the learned counsel, I am of the considered opinion that the case is eminently suitable for settlement by way of amicable resolution, by granting necessary time period to vacate as also for the petitioner to pay enhanced rentals during that period. Re-list on 01.07.2024." Learned counsel for the respondent-landlord submits that the tenant never appeared before the landlord for any settlement talks. In that light, I deem it appropriate to grant ten days time to the parties to the lis to arrive at a settlement with regard to the date on which the petitioner should deliver vacant possession of the property at the hands of the respondent. List this matter on 03.07.2025. The interim order granted earlier is extended till the next date of hearing." In furtherance of the order, an affidavit of undertaking is filed by the petitioner and which reads as follows: "I, Sri.Kumar .C, S/o Chikkanna, Aged about 45 years, Chrono Opticals, No.618/2, Ground Floor, Rajeshwari Market, Avenue Road, Bengaluru-560002, do hereby solemnly affirm and state as under: - 4 - HC-KAR NC: 2025:KHC:25571 CRP No. 366 of 2024 1. I am the petitioner in the above case. I am conversant with the facts of the case. 2. I undertake that I will quit and deliver the vacant possession of the schedule property in favour of the Respondent on or before 30th day of April 2026. 3. I further undertake that I will continue to pay the rents at the rate of Rs.7,500/- per month to the Respondent without any default. Wherefore, I respectfully pray that this Hon'ble court be pleased to take my undertaking on record and dispose the above Revision Petition by directing the Respondent to pay the security deposit amount of Rs.7,00,000/- (Rupees seven Lakhs) to me on or before 30th of April 2026, in the interest of justice and equity." Nine months time is sought to deliver vacant possession of the property and the petitioner is also undertaken that he would pay the rent diligently and also clear the arrears of rent, if any. 4. In the light of the affidavit of undertaking, the learned counsel appearing for the respondent submits that the proceedings be closed by recording the said undertaking. 5. The learned counsel appearing for the parties would submit that they have also agreed on the arrears of rent to be Rs.25,000/-, which the learned counsel appearing for the petitioner submits that the petitioner would pay in a week's time. - 5 - HC-KAR NC: 2025:KHC:25571 CRP No. 366 of 2024 6. In the light of the settlement arrived at between the parties, as quoted herein above, the following: ORDER i) The petition stands disposed on account of a settlement. ii) The petitioner shall adhere to the terms indicated in the affidavit of undertaking as quoted hereinabove. iii) Any breach of the undertaking would be viewed seriously. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 50 CT: BHK