IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.2559/2018 C/W REGULAR SECOND APPEAL NOS.2560/2018, 2561/2018, 2562/2018, 2564/2018, 2565/2018, 2566/2018 AND 2567/2018 (POS) IN R.S.A.NO.2559/2018 BETWEEN:
SRI DHALLARAM AGED 55 YEARS MATHAJI ELECTRICALS SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 … APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2560/2018 BETWEEN:
SRI D.S.DIVAKARA S/O SANNAPPA AGED 55 YEARS SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 … APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2561/2018 BETWEEN:
SRI REHAMATH S/O H.AHAMMED AGED 45 YEARS SHOE AND CHAPPAL BUSINESS SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 …APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2562/2018 BETWEEN:
SMT.SUCHITHA VITTAL RAI W/O VITTAL RAI AGED 45 YEARS SRI RAMA SWEET STALL SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 …APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2564/2018 BETWEEN:
SRI D.K.NAGARAJ SINCE DECEASED BY LRS 1. DHANALAKSHMI DELETED AS PER ORDER DATED:28.01.2019 2. D.N.ANILKUMAR S/O LATE D.K.NAGARAJ AGED ABOUT 44 YEARS 3. D.N.SHASHIKUMAR S/O LATE D.K.NAGARAJ AGED ABOUT 38 YEARS 4. D.N.ANITHA D/O LATE D.K.NAGARAJ AGED 43 YEARS ALL ARE R/AT SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 … APPELLANTS (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2565/2018 BETWEEN:
SRI K.F.LAWRENCE AGED 65 YEARS CARMEL STORES XEROX AND INTERNET FAX STORE SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 …APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2566/2018 BETWEEN:
SRI D.K.THIMMAPPA S/O KRISHNAPPA AGED 50 YEARS ICE BURG COOL DRINKS BUSINESS SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 …APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) IN R.S.A.NO.2567/2018 BETWEEN:
SRI D.R.KUMAR S/O D.R.RANGASWAMY AGED 45 YEARS BAKERY AND SWEET STALL SRI GANAPATHI DEVASTHANA COMPLEX B.M.ROAD, KUSHALANAGARA SOMWARAPETE TALUK KODAGU DISTRICT – 571 234 …APPELLANT (BY SRI AJAY J.NANDALIKE, ADV. FOR M/S PRAGATI LAW CHAMBERS) AND:
1. SRI MAHAGANAPATHI DEVARU (VIGHRAHA) SRI MAHAGANAPATHI DEVASTHANA F.M.KARIYAPPA CIRCLE KUSHALNAGAR – 571 234 2. SREE MAHAGANAPATHI DEVASTHANA SEVA SAMITHI (R) 4TH BLOCK, F.M.KARIYAPPA CIRCLE KUSHALNAGAR, SOMWARPETE TALUK KODAGU DISTRICT – 571 234 RESPONDENTS REPRESENTED BY TREASURER SRI M.K.DINESH S/O LATE M J KALAPPA AGED ABOUT 48 YEARS R/AT MULLUSOGE VILLAGE SOMWARPET TALUK KODAGU DISTRICT … COMMON RESPONDENTS (BY SRI BALAJI RAGHUNATHAN, ADV. FOR C/R1 & R2) THESE RSA NOS. 2559, 2560, 2561, 2562, 2564, 2565, 2566, 2567/2018 FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CPC, 1908, AGAINST THE COMMON JUDGMENT AND DECREE DATED:10.10.2018 PASSED IN R.A.NOS.17, 16, 18, 20, 25, 22, 24 & 21 OF 2018 RESPECTIVELY ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMAWARAPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.03.2018 PASSED IN O.S.NOS. 102, 106, 99, 96, 97, 98, 104 & 100 OF 2013 RESPECTIVELY ON THE FILE OF THE CIVIL JUDGE AND JMFC, KUSHALNAGAR.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellants files memos seeking two months’ time to vacate the premises and to dispose of the appeals accordingly.
2. Learned Counsel for the respondents submits that there is arrears of rent payable to them and liberty may be reserved to the respondents to proceed for recovery of the same.
3. Learned Counsel for the appellants submits that, if there is any arrears of rent, it is open to the respondents to seek appropriate remedy and the appeals may be disposed of accordingly.
4. Memos filed in these appeals and submission of the learned Counsel on both side are recorded. Appeals are partly allowed. Impugned judgment and decree is modified as follows:
Appellants shall vacate and hand over the vacant possession of the suit property to the respondents within two months from the date of this order. Liberty is reserved to the respondents for recovery of the arrears of rent, if any, in accordance with law.
No order as to costs.
In view of disposal of these appeals, I.A.No.1/2018 filed in these appeals do not survive for consideration and disposed of accordingly.
Sd/- JUDGE KNM/-