Karnataka High Court
CRP/531/2026 of PIYUSH K MALOO Vs HASMUKH H JAIN on 31 August 2026
CNR: KAHC010399972026 NC: 2026:KHC:47094 CRP No. 531 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL REVISION PETITION NO. 531 OF 2026 (SC) BETWEEN: PIYUSH K. MALOO S/O SRI. KANTILAL MALOO,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL REVISION PETITION NO. 531 OF 2026 (SC)
BETWEEN:
PIYUSH K. MALOO
S/O SRI. KANTILAL MALOO,
AGED ABOUT 46 YEARS,
R/AT NO. 31, 3RD CROSS,
TATA SILK FARM, THYAGRAJ NAGAR,
BKS 2ND STAGE,
BENGALURU- 560 053
ALSO AT
NO. 1, 24TH CROSS,
KILARI ROAD, WARD NO. 109,
BENGALURU- 560 053.
…PETITIONER
(BY SRI. M.D.RAGHUNATH, ADVOCATE)
AND:
HASMUKH H JAIN
S/O HIMMATMAL JAIN,
AGED ABOUT 43 YEARS,
R/AT 7TH B MAIN, 4TH BLOCK,
JAYANAGAR,
BENGALURU- 560 041
…RESPONDENT
(BY SRI. SOMASHEKAR N., ADVOCATE)
THIS CRP FILED U/S. 18 OF KARNATAKA SMALL CAUSES
COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 28.04.2026, PASSED IN SC NO. 15028/24, ON
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, MAYOHALL UNIT, BENGALURU, DECREEING THE SUIT
FOR EJECTMENT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present Civil Revision Petition is filed aggrieved by the judgment dated 28.04.2026 passed in S.C.No.15028/2024 by XVII Additional Judge, Court of Small Causes & ACMM, Mayo Hall Unit, Bengaluru.
2. The trial Court, by order impugned, has decreed the suit and directed the defendant to vacate and hand over the vacant possession of the suit schedule property within 30 days from the date of the order, i.e., 28.04.2020. On the defendant's failure to vacate and deliver vacant possession of the suit schedule property, the plaintiff is at liberty to obtain vacant possession of the premises by the process of the Court, and the
HC-KAR
trial Court has permitted the plaintiff to file a separate application for an inquiry into mesne profits.
3. When the matter came up before this Court, learned counsel for the petitioner submitted that the petitioner required reasonable time to vacate the premises, and this Court directed him to file an affidavit. An affidavit was filed before the Court, stating that the petitioner undertakes to voluntarily surrender possession on or before 24.04.2027 and shall pay an amount of Rs.15,000/- per month up to the date of surrender, subject to the respondent refunding an amount of Rs.3,50,000/-, being the interest-free refundable security deposit, to the respondent.
4. Learned counsel appearing for the respondent submits that he shall continue to pay the rent till he vacates the property, and on the day when he vacates the property, i.e., on or before 24.04.2027, or any day prior to that date, the respondent will refund an amount of Rs.3,50,000/-, which is an interest-free security deposit.
HC-KAR
5. Considering the submissions of both counsel and in the light of the undertaking placed before the Court, this Court deems it appropriate to pass the following:
ORDER
i. Accordingly, the Civil Revision Petition is disposed of in the light of the undertaking, the petitioner shall vacate the premises on or before 24.04.2027. ii. Till such time, he shall pay an amount of Rs.15,000/- per month. iii. The respondent shall return the security deposit of Rs.3,50,000/- on the day when the petitioner vacates the premises. iv. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 37