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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 7^TH DAY OF OCTOBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE P.N.DESAI

CIVIL REVISION PETITION NO.100044/2020

BETWEEN:

OM GURU PRAKASH

S/O. GURUSIDDAPPA ICHANGI

AGE: 54 YEARS, OCC: PHOTOGRAPHY

R/O: RAJASHREE PHOTO ART STUDIO

SUBHASH ROAD, DHARWAD.

...PETITIONER.

(BY SHRI ARUN L. NEELOPANT, ADVOCATE.)

AND:

1.

SMT.GISIBAI W/O. CHAMPALAL SHAH

AGE: 72 YEARS, OCC : HOUSEHOLD,

R/O: SUBHASH ROAD, DHARWAD.

2.

ANIL S/O.CHAMPALAL SHAH

AGE: 52 YEARS, OCC: BUSINESS,

R/O: SUBHASH ROAD, DHARWAD.

3.

ANAND S/O. CHAMPALAL SHAH

AGE: 50 YEARS, OCC: BUSINESS,

R/O: SUBHASH ROAD, DHARWAD

4.

USHA W/O.SHANTILAL JAIN

AGE: 54 YEARS, OCC: HOUSEHOLD,

R/O: SUBHASH ROAD, DHARWAD

…RESPONDENTS.

(BY SHRI M.R.MULLA, ADVOCATE.)

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THIS CIVIL REVISION PETITION IS FILED UNDER SECTION

18 OF THE KARNATAKA SMALL CAUSE COURTS ACT, 1964 READ

WITH SECTION 115 OF THE CODE OF CIVIL PROCEDURE,

PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND

DECREE DATED 20.03.2020, PASSED IN S.C.NO.07/2018, BY

THE I ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD AND TO

DISMISS THE SUIT IN S.C.NO.07/2018, IN THE INTEREST OF

JUSTICE AND EQUITY.

DATE OF ORDER RESERVED ON: 11.8.2021.

DATE OF ORDER PRONOUNCED ON: 7.10.2021.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

ORDER

Though this petition is listed for admission, with

consent of learned counsel for both side, this petition is

taken up for disposal as it was heard on merits.

2.

This petition is filed challenging the Judgment

and Decree dated 20.3.2020, passed by the I Addl. Senior

Civil Judge, Dharwad, in S.C.No.7/2018, wherein the

defendant in that suit was directed to hand over actual

vacant possession of the suit schedule property to the

plaintiffs.

3.

The present petitioner was the defendant before

the trial Court and respondents No.1 to 4 were the plaintiffs

before the trial Court. They will be referred as plaintiffs and

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defendant as per their respective ranks before the trial

Court.

4.

The brief case of the plaintiffs before the trial

Court is that, the suit property situated in first floor

comprised of CTS No.171/14/1A/MF measuring 26’ x 14’

situated within the boundaries shown in the plaint, situated

at Subhash Road, Dharwad, consists of ground and first

floor which is of the ownership of Ghodesawar family. The

grandfather of plaintiffs No.2 to 4 late Khetal Shah & Porwal

has taken the said property as a mortgagee through a

registered mortgage deed dated 1.6.1979.

5.

It is further contended that the father of the

defendant late Gurusiddappa was in occupation of first floor

measuring 26’ x 14’ on rent basis from the original owners.

After the mortgage of the property, the defendant paid

rent. It is contended that the defendant has not paid the

rent from July 1996. Hence issued notice of termination of

tenancy dated 20.3.2018.

6.

It is further contended that O.S.No.66/2016

was filed for partition by some of the owners and this

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defendant is also one of the party. Even defendant has also

filed O.S.No.129/2012 for

declaration and injunction

admitting the tenancy. Hence they filed the suit for

ejectment of defendant from suit shop.

7.

The defendant appeared and filed his defence

statement. Except stating that the CTS No.171/14/1A/MT

measuring 11.71 sq.meters is the suit property, he denied

the other contentions. He admitted that his father was

running a photo studio. He has denied the other paragraphs

of the plaint as false. He has also stated that in respect of

the ownership of the property, suits and FDPs are pending.

Therefore the plaintiffs cannot file a suit and it is a

premature one. He also stated that there was no rent

agreement between himself and the plaintiff. Further, the

Small Cause Court has no jurisdiction in view of plaint and