IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.2091/2017 (POS) BETWEEN:
SIDDAIAH AGED ABOUT 73 YEARS S/O LATE SIDDAIAH R/AT MILL QUARTERS SRI DEVI TEXTILES PVT LTD., KARINANJANAPURA CHAMARAJANAGAR – 571 313 … APPELLANT (BY SRI R.D.RENUKA ARADHYA, FOR SRI P.NATARAJU, ADVOCATES) AND:
SRI DEVI TEXTILES PRIVATE LTD., KARINANJANAPURA CHAMARAJANAGAR – 571 313 A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT, 1956 REPRESENTED BY ITS DIRECTOR N.NATARAJU AGED ABOUT 62 YEARS S/O V.NAGESHAIAH R/AT NO.23/359 BANASHANKARI NILAYA 1ST CROSS, SHANKARAPURA EXTENSION CHAMARAJANAGAR – 571 440 … RESPONDENT (BY SRI RAGHURAM CADAMBI, FOR SRI C.K.NANDAKUMAR, ADVOCATES) THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.06.2017 PASSED BY SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR IN R.A.NO.95/2014 AND SET ASIDE THE JUDGMENT AND DECREE DATED 16.07.2014 PASSED BY THE PRINICIPAL CIVIL JUDGE AND JMFC AT CHAMARAJANAGAR IN O.S.NO.118/2009.
THIS RSA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for appellant files memo stating that if three months’ time is granted to the appellant, he is ready to handover the vacant possession of premises to the respondent and the appeal may be allowed in terms of the said memo.
2. Learned Counsel for respondent concedes for granting three months’ time granted to vacate the premises.
3. Memo filed by appellant’s Counsel is recorded. In view of aforesaid memo and submissions of both sides, the appeal is allowed in terms of memo filed by appellant’s Counsel. The judgment and decrees of Courts below are modified as follows:
Appellant shall vacate and handover vacant possession of the suit property to the respondent on or before 08.07.2019 without driving the respondent to file execution petition.
He shall file an affidavit of undertaking to that effect in the Registry within 10 days. He shall go on paying rent regularly till he vacates the property. In view disposal of the appeal, IA No.1/2017 does not survive for consideration and is disposed of accordingly.
Sd/- JUDGE KSR