IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.505 OF 2019 BETWEEN Sri. Fayaz Ahmed @ Muhammad Fayaz Ahmed Aged about 47 years, S/o. Mohammed Saleha R/at Purvapark D-414 Daffodils Block No.53, MSO Colony, Cox Town, Bengaluru-560005.
Also At:
Sri. Fayaz Ahmed @ Muhammad Fayaz Ahmed Proprietor M/s. Crescent Realtors, No.38/2, 1st Floor, Meanee Avenue, Assaye Road, Bengaluru-560042.
(By Ms. Bharati Patil, Advocate) AND Sri. Shanmugam, Aged about 53 years, S/o. Sri. Rajamanickam Residing at No.38/12, …Appellant Meanee Avenue, Assaye Road, Bengaluru-560042.
(By Sri. K.Irshad Ahmed, Advocate) …Respondent This RFA is filed under Order XLI Rule 1 read with Section 96 of CPC 1908 against the judgment and decree dated 04.01.2019 passed in O.S.No.25917/2014 on the file of the XXVI Additional City Civil Judge Mayo Hall, Bengaluru, decreeing the suit for ejectment and possession.
This RFA coming on for orders this day, the court made the following:
ORDER The appellant’s counsel files a memo stating that the appellant undertakes to vacate the suit schedule property by the end of October 2019. This memo is placed on record. Appellant is granted time till the end of October 2019 for vacating the suit schedule property. The appellant is further directed not to sub-let the property to anybody. He shall be regular in paying the rent to the respondent till be vacates the suit property and he shall not seek extension of time. In view of this undertaking, the appeal does not survive. It is dismissed.
Refund 75% of the court fee to the appellant.
Sd/- JUDGE ckl