IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.750 OF 2018 Between:
Ivan Crasta Aged about 54 years S/o Gilbert Crasta Shop Keeper Hirebylu Post Mudigere Taluk Chikkamagaluru District Pin Code:577 132 ... Appellant (By Smt. Dhanalakshmi.K, Advocate) And:
G N Nagendra Kumar Since dead by LRs:
1. Jayaneela Aged about 62 years, W/o Late Nagendra Kumar 2. Surendra Aged about 39 years, S/o Late Nagendra Kumar 3. Rathnakara Aged about 32 years S/o Late Nagendra Kumar 4. Shashikala Aged about 30 years W/o D R Santhosh 5. Sumalatha Aged about 27 years W/o Parshwanatha All are R/o Marasanige Village Hirebylu Post, Mudigere Taluk, Chikkamagaluru District Pin Code-577 132 ... Respondents (By Sri.Yogesh.L.J, Advocate for Sri.M.R.Balakrishna, Advocate for R1-R5) This RSA is filed under Section 100 of CPC, against the Judgment and Decree dated 14.12.2017 passed in R.A.No.89/2016 on the file of Senior Civil Judge and JMFC, Mudigere, dismissing the appeal and confirming the Judgment and Decree dated 19.08.2016 passed in O.S.No.18/2013 on the file of C/C Additional Civil Judge and JMFC, Mudigere, itinerate at Kalasa.
This RSA coming on for Admission this day, the Court delivered the following :
J U D G M E N T This appeal is preferred against the concurrent findings of the Courts below granting ejectment decree in favour of respondents.
2. Appellant filed O.S.No.66/2011 against the respondent for permanent injunction, whereas, respondent filed O.S.No.18/2013 against the appellant for possession and arrears of rent. The Additional Civil Judge & JMFC., at Mudigere, itinerate at Kalasa, vide the common Judgment and Decree dated 19.08.2016, dismissed the suit of the appellant and granted decree for ejectment for arrears of rent.
3. The appellant challenged the judgment and decree of ejectment in Regular Appeal No.89/2016 before the Senior Civil Judge & JMFC, at Mudigere. The First Appellate Court dismissed the appeal and confirmed the Judgment and Decree of the Trial Court. The judgments and decree of Courts below are challenged in this appeal.
4. Appellant is present and he is duly identified by his Counsel.
5. Learned Counsel for the appellant submits that the appellant is ready to pay Rs.50,000/- out of arrears of rent of Rs.93,000/- today and he seeks six months time to vacate the premises. He also undertakes to clear the balance of arrears of rent at the rate of Rs.20,000/- per month in future in addition to the rent that accrues due upto date, till he vacates the premises.
6. Sri Yogesh L.J, learned advocate for the respondents received a sum of Rs.50,000/- and acknowledges the receipt of the same.
7. Having regard to the submissions of the learned counsel for the parties, the appeal is disposed of in the following terms:
(i) the appellant shall vacate and handover the vacant possession of the suit property to the respondents on or before 31.8.2019;
(ii) he shall pay the balance of arrears of rent at the rate of Rs.20,000/- per month till discharge of arrears of rent;
(iii) he shall go on paying the rents as and when accrues due till he vacates the premises;
(iv) he shall file an undertaking in the form of an affidavit in the Registry within ten days from today.
8. In view of disposal of the appeal, IA No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE cp*