IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1816 OF 2018 BETWEEN Sri. D.V.Bidri, S/o. Late Sri. Vithalsa Bidri, Aged about 61 years, R/o. No.53, Ground Floor, 3rd Cross, Bangiyappa Garden, Shantinagar, Bengaluru-560027.
(By Sri. Subhash Shalgar, Advocate) AND Smt. N.T.Shobharani, W/o. Late Dr. M.Byrappa, Aged about 59 years, R/o. No.53, 1st Floor, 3rd Cross, Bangiyappa Garden, Lakshmi Road, Shantinagar, Bengaluru-560027.
(By Sri. H.V.Praveen Gowda, Advocate) …Appellant …Respondent This RFA is filed under Section 96 read with Order 41 Rule 1 of the CPC against the judgment and decree dated 25.09.2018 passed in O.S.No.25644/2015 on the file of the XXVIII Additional City Civil and Sessions Judge, Mayohall, Bengaluru decreeing the suit for possession.
This RFA coming on for admission, this day, the Court made the following :
ORDER The appellant’s counsel files a memo stating that the appellant wants time till the end of September, 2019 for vacating the suit schedule property. The appellant has also given undertaking that he will pay the rent regularly to the respondent till he vacates the suit schedule property as per the undertaking. It is further stated that the appellant has given Rs.4,00,000/- (Rupees Four Lakhs Only) to the respondent by way of security deposit and it must be refunded to him when he vacates the suit schedule property. The respondent’s counsel is present. He submits that his client is ready to give time till end of September, 2019 to the appellant for vacating the suit property. It is also submitted by the learned counsel that respondent is ready to return Rs.4,00,000/- to the appellant subject to other claims that the respondent has against the appellant.
2. Memo is placed on record. The appellant has given time till end of September, 2019 for vacating the suit schedule property. Appellant shall also be regular in paying the rent to the respondent. Subject to other claims that the respondent has against the appellant, Rs.4,00,000/- that the appellant has paid shall be refunded to him. The respondent files a memo seeking permission to withdraw the rent amount deposited by the appellant in the court below. He is permitted to withdraw. 75% of the court fee be refunded to the appellant. With these observations appeal stands disposed of.
Sd/- JUDGE sd