IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.275/2019 (POS) BETWEEN:
SRI H.SUBRAMANYA AGED ABOUT 58 YEARS S/O HANUMANTHAIAH NO.5/A, D.DEVARAJ URS ROAD DEVARAJA MOHALLA, MYSURU CITY ALSO R/AT NO.3, III MAIN, 5TH CROSS SARASWATHIPURAM, MYSORE CITY MYSURU DISTRICT – 570 019 REP. BY HIS GPA HOLDER SMT.S.J.RAMYA AGED ABOUT 33 YEARS W/O S.VENUGOPAL RAJE URS D/O H.SUBRAMANYA R/AT NO.263, 17TH B MAIN ROAD 3RD CROSS, KHB COLONY KORAMANGALA, 5TH BLOCK BANGALORE – 560 095 …APPELLANT (BY SRI M.KRISHNAPPA, ADVOCATE) AND:
SMT.N.YASHODA AGED ABOUT 65 YEARS W/O LATE SURYANARAYAN R/AT NO.109, 8TH MAIN ROAD JAYALAKSHMIPURAM MYSURU CITY, MYSURU – 570 005 …RESPONDENT (BY SRI R.D.RENUKARADHYA, FOR SRI P.NATARAJU, ADVOCATES FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 07.12.2018 PASSED BY VII ADDITIONAL DISTRICT JUDGE, MYSURU IN R.A.NO.225/2018 AND MODIFY THE JUDGMENT AND DECREE DATED 10.10.2017 PASSED BY PRINCIPAL FIRST CIVIL JUDGE, MYSURU IN O.S.NO.1142/2015.
THIS RSA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellant files memo stating that appeal may be disposed of by granting four months’ time to vacate the suit schedule property.
2. Learned Counsel for respondent submits that appellant is in arrears of damages and reserving liberty to the respondent to proceed for recovery of said arrears, the appeal may be disposed of in terms of the memo.
3. Memo is recorded. The appeal is disposed of in terms of the memo. The appellant is directed to vacate and handover vacant possession of the suit schedule property to the respondent within four months from the date of this order. Liberty is reserved to the respondent to recover the arrears of damages/rent, if any, in accordance with law.
Till vacating of the premises the appellant shall pay upto date rent regularly. Appellant shall file affidavit of undertaking as per the above terms on or before 28.05.2019.
Sd/- JUDGE KSR