IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA R.S.A. No. 437/2017 BETWEEN:
1. SRI K M PARAMESHWARAPPA S/O KARIYAPPA AGED ABOUT 62 YEARS RTD. POLICE HEAD CONSTABLE 2. SMT. BHARATHI W/O K M PARAMESHWARAPPA AGED ABOUT 45 YEARS HOUSEWIFE 3. SMT. SHAILAJA D/O K M PARAMESHWARAPPA AGED ABOUT 32 YEARS 4. SRI SATHISH S/O K M PARAMESHWARAPPA AGED ABOUT 30 YEARS 5. SMT. AMBIKA P D/O K M PARAMESHWARAPPA AGED ABOUT 27 YEARS 6. SMT. MAMATHA P D/O K M PARAMESHWARAPPA AGED ABOUT 25 YEARS ALL ARE R/O HOLEHONNUR VILLAGE BY THE SIDE OF OLD POLICE STATION, HOLEHONNUR VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DIST - 577 303 (BY SRI NAVEED AHMED, ADVOCATE) AND 1. SMT. NAGAMMA W/O LATE KAREKODAPPA (DEAD BY LRS) 1(a) SMT. HALAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 63 YEARS R/O HOLEHONNUR VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 303 2. SMT. SUBADRAMMA W/O LATE NAGALINGAPPA D/O LATE KAREKODAPPA AGED ABOUT 61 YEARS R/O KAGENELE VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427 3. SMT. SHANTHAMMA W/O MALLESHAPPA D/O LATE KAREKODAPPA AGED ABOUT 55 YEARS HOUSEWIFE R/O MANDAGHATTA VILLAGE SHIVAMOGGA DISTRICT – 577 201 4. SMT. RATHNAMMA W/O MANJAPPA D/O LATE KEREKODAPPA AGED ABOUT 53 YEARS HOUSEWIFE ... APPELLANTS R/O BENKINAGARA SHIVAMOGGA – 577 201 5. SMT. PUTTAMMA D/O LATE KEREKODAPPA AGED ABOUT 50 YEARS HOUSEWIFE R/O BENKINAGARA SHIVAMOGGA – 577 201 6. SMT. RANGAMMA W/O NAGARAJAPPA D/O LATE KEREKODAPPA AGED ABOUT 45 YEARS R/O BENKINAGARA SHIVAMOGGA – 577 201 7. SRI MANJUNATHA S/O LATE HALAPPA AGED ABOUT 62 YEARS AS A GPA HOLDER REPRESENTING ON BEHALFF OF THE RESPONDENT NOs.1 TO 6, R/O BENKINAGARA SHIVAMOGGA – 577 201 ... RESPONDENTS (BY SRI S R HEGDE HUDLAMANE, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 02.09.2016 PASSED IN R.A. NO.3/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC., BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.12.2015 PASSED IN O.S. NO.84/2013 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC., BHADRAVATHI, THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT By order dated 02.11.2017 learned counsel for the respective parties were requested to explore the possibility of a settlement in the matter, having regard to the nature of controversy involved in this appeal.
2. Today, learned counsel for the respective parties submit that the dispute between the parties is resolved by the appellants not pressing the appeal, subject to the respondents granting the appellants some time to quit and handover vacant possession of the schedule premises subject to the certain terms and conditions.
3. Learned counsel for the appellants submits that in terms of the undertaking given in the form of an affidavit the appellants would not press the appeal, if the terms and conditions stated in that affidavit are approved by this Court.
4. Learned counsel for the respondents on instructions submits that if the appellants do not press the appeal then this Court may consider the terms and conditions stated in the form of an affidavit and the appeal may be accordingly disposed of.
5. In the circumstances, the affidavit of undertaking filed by Sri K.M. Parameshwarappa-appellant No.1 on his behalf and on behalf of other appellants is taken on record.
6. The affidavit reads as under:
“UNDERTAKING IN THE FORM OF AN AFFIDAVIT I K.M. Parameshwarappa S/o. Kariyappa aged about 68 years Retd. Police Head Constable R/at Holehonnur Village, by the side of police Station, Holehonnur Village, Bhadravathi Taluk, Shimoga District-577 303 now at Bangalore do hereby solemnly affirm and state on oath as follows:
1. I state that I am 1st Appellant in the above noted appeal and I swear to this Affidavit on my behalf and on behalf of appellant No.2 to 6 as I am authorized to do so.
2. I state that I have challenged the Judgment and Decree passed in R.A. No.3/2016 dated 02.09.2016 in the file of Principal Senior Civil Judge and JMFC, Bhadravathi, confirming the Judgment and Decree passed in O.S. No.84/2013 dated 19.12.2015 in the file of II Addl. Civil Judge & JMFC at Bhadravathi.
3. I state that I undertake to vacate the schedule residential premises within one year from today i.e. 06.12.2018.
4. I state that during this period I will not sublet/lease or create any third party with anybody.
5. I state that I undertake to pay the decretal amount to the respondents in three equal installments.
6. I state that I will undertake that I will not keep any arrears at the time of vacating the schedule premises.
7. I state that in view of the above undertaking I will not press the above noted appeal.
PRAYER WHEREFORE, I most humbly request this Hon’ble Court to dispose of the appeal in terms of the above undertaking, in the interest of justice and equity.”
7. Appellants’ counsel having submitted that the appeal would not be pressed if the terms and conditions of the affidavit are accepted by this Court, the same being accepted by this Court, appeal is dismissed as not pressed, subject to the aforesaid terms and conditions stated in the affidavit of undertaking.
Parties to bear their respective costs.
Sd/- JUDGE