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2022 Supreme(Kar) 1045

E. S. INDIRESH
M. P. Kaveesha – Appellant
Versus
Vasanthamala Dattatri – Respondent


Advocates appeared:
Vardhaman V. Gunjal, Advocate, for the Appellant; Datta Prasad G., Advocate for Manmohan P.N., Advocate, for the Respondents

JUDGMENT

E.S. Indiresh, J. - This Revision Petition is filed by the impleading applicant/objector in Execution Petition No. 98 of 2002 on the file of the II Additional Civil Judge and JMFC at Chikkamagalur, rejecting the application filed under Order XXI 21 Rule 35(1) read with Section 151 of Code of Civil Procedure.

2. Relevant facts for adjudication of this Revision Petition are that HRC No. 6 of 1992 was filed by Smt. Vasantamala Dattatri against one Sri Dheerubhai under Section 21(1)(f) and (h) of Karnataka Rent Control Act, 1961 (for short hereinafter referred to as 'Act') and the said proceedings came to be allowed and same was challenged before the Additional District Judge, Chikkamaglur in Rev.(Rent) No. 35 of 1996 of and the said Revision also came to be dismissed. Being aggrieved by the same, HRRP No. 394 of 2000 was filed before this Court, which also ended up in dismissal and while examining the plea of tenant for grant of time, this Court granted one year time to the tenant to vacate on the condition that the tenant therein shall file an undertaking to the said effect. It is an undisputed fact that the tenant did not file an undertaking nor vacated the premises and as su

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