IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD REGULAR SECOND APPEAL NO.105 OF 2019 BETWEEN:
JAMES AND COMPANY, A PARTNERSHIP FIRM HAVING ITS OFFICE NEAR KEERTHI MOHAL, FALANI ROAD, MANGALORE, DAKSHINA KANNADA, MANGALURU-575 001. ... APPELLANT (BY SRI.CYRIL PRASAD PAIS, ADVOCATE) AND:
MR.RAGHUNATH SHET, SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS, 1. SMT.PADMA.R.SHET, AGED ABOUT 62 YEARS, 2. SMT.VEENA DINESH SHET, AGED ABOUT 44 YEARS, D/O.LATE M.RAGHUNATH SHET, 3. SRI.PRASHANT SHET, AGED ABOUT 43 YEARS, S/O.LATE M.RAGHUNATH SHET, 4. SRI.HEMANT SHET, AGED ABOUT 41 YEARS, S/O.LATE RAGHUNATH SHET, 5. SRI.NISHANTH SHET, AGED ABOUT 40 YEARS, S/O.LATE M.RAGHUNATH SHET, RESPONDENTS NO.1 TO 5 ARE RESIDING AT LAXMI SADAN, GANDHINAGAR, MANGALORE-575 003.
6. SRI.M.RAVINDRA SHET, AGED ABOUT 56 YEARS, S/O.LATE S.L.SHET, R/AT GOWRI SHANKE, MICRO WAVE TOWER ROAD, MANGALURU-575 006. ... RESPONDENTS (BY SRI.M.SUDHAKAR PAI, ADVOCATE FOR R1 TO R6) THIS RSA IS FILED UNDER SEC.100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DTD: 30.10.2018 PASSED IN RA.NO.24/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., MANGALURU D.K. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:21.12.2013 PASSED IN OS.NO.1074/2008 ON THE FILE OF THE III ADDL.CIVIL JUDGE AND JMFC., MANGALORE, D.K.
THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT This appeal is filed by the defendant in O.S.No.1074/2008 on the file of the III Additional Civil Judge and JMFC, at Mangalore, Dakshina Kannada, wherein the defendant is called upon to vacate and hand over vacant possession of the subject premises, with a direction to pay mesne profits at the rate of Rs.100/- per day from 17.11.2008 till the date of delivery of the said premises, with a further direction to pay a sum of Rs.1,600/- towards arrears of rent. The appeal filed by the appellant/defendant in R.A.No.24/2014 on the file of the Principal Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada, is also dismissed by judgment dated 30th October, 2018.
2. The learned counsel for the appellant has filed an affidavit sworn to by a partner of appellant – Company. The material particulars of this affidavit in paras 3, 4, 5 and 6 read as follows :
“3. I submit that after filing the above Regular Second Appeal, due to the intervention of this Hon’ble Court, well wishers and friends of both the parties to the appeal, have decided to resolve the dispute between them amicably. Hence, the present affidavit of undertaking is filed on behalf of the Appellant.
4. I submit that the Appellant agrees to vacate the suit schedule premises on or before 31.12.2020.
5. The Appellant has also agreed to pay a monthly rent of Rs.3,000/- towards the use and occupation of the suit schedule premises till vacating it on or before 31.12.2020.
6. The Appellants undertake to pay the said amount on or before the 7th of every month. The monthly rent shall be payable in advance. The Appellants will continue to pay the monthly rent as decided by the Trial Court until vacating the suit schedule premises, and the Appellants hereby undertake that they will not seek further extension of time.”
3. In reiteration of the contents of the affidavit, the learned counsel also submits that Bankers Cheque dated 08.08.2019 bearing No. 040295 drawn on State Bank of India, Falnir Road, Hampankatta, for a sum of Rs.75,000/- drawn in favour of “S.L. Shet Jewellers and Diamond House”, in which the respondents are partners is handed over to the learned counsel for the respondents today. The learned counsel accepts the Bankers Cheque and also submits that the affidavit filed on behalf of the appellant is in line with the settlement agreed upon by the parties. The parties have settled their dispute as is evident from the affidavit and the submissions.
4. In the light of the aforesaid, the appeal is disposed of and the impugned judgments and decrees in O.S.No.1074/2008 dated 21.12.2013 on the file of the III Additional Civil Judge and JMFC, Mangalore, Dakshina Kannada and R.A.No.24/2014 dated 30.10.2018 on the file of the Principal Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada are modified, and the appellant is granted time till 31st December, 2020 to vacate and hand over vacant possession, subject to the terms of the affidavit.
Office is directed to draw decree accordingly.
SD/-
JUDGE Mgn/-