IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA REGULAR SECOND APPEAL NO. 2391 OF 2017 Between:
1. Sri.S.Thammanna, Aged about 63 years, S/o. late Shankaregowda 2. Smt. Shashikala, Aged about 58 years, W/o. S.Thammanna Both are R/at No.2176, 4th Cross, Kuvempu Nagara, Channapattana, Ramanagara District – 571 501.
…Appellants (By Sri. Harsha Kumar Gowda H.R., Advocate for Sri. H.C.Shivaramu, Advocate) AND:
Smt. Sushma Premanath, Aged about 38 years, D/o. M.S.Narendra, R/at 1st Cross, Kuvempu Nagara, Channapattana Town, Ramanagara District – 571 501.
(By Sri. S.Mruthyunjaya, Advocate) …Respondent This RSA is filed under Section 100 of C.P.C., against the judgment and decree dated 13.09.2017 passed in R.A.No.64/2013 on the file of the I Addl. District & Sessions Judge, Ramanagara, dismissing the appeal and confirming the judgment and decree dated 21.10.2013 passed in O.S.No.18/2012 on the file of the Senior Civil Judge and JMFC, Channapattana.
This RSA is coming on for Admission, this day, the Court delivered the following:
J U D G M E N T This Regular Second Appeal is filed by the defendants in O.S.No.18/2002 assailing judgment and decree passed in R.A.No.64/2013 dated 13.09.2017 by the I Addl. District & Sessions Judge, Ramanagara, by which the judgment and decree passed by the Senior Civil Judge & JMFC at Channapatna dated 21.10.2013 in O.S.No.18/2012 has been confirmed.
2. When the matter was listed on the last occasion i.e. on 07.12.2017, learned counsel for the appellants submitted that appellants would not press this appeal, if some time could be granted i.e. till 31.12.2018 and the appellants would hand over vacant possession of the schedule premises by then, by paying regular rent upto that period and not creating any third party interest or damaging the premises or in any way creating hardship or prejudice to the respondent during the said period, in which event they would not press this appeal.
3. Learned counsel for the caveator-respondent submitted on instruction that this Court could consider the submission made by the appellants provided they do not press the appeal and by the appellants filing an affidavit of undertaking to that effect. The appeal was ordered to be listed to today.
4. Learned counsel for the appellants has filed an affidavit of undertaking of the appellants stating that they would hand over vacant possession of the schedule premises to the respondent on or before 31.12.2018 without fail and that they would pay damages at the rate of Rs.10,000/- per month on or before 5th of every month. He has undertaken not to create any third party rights in respect of the schedule premises or to sub-let the premises and not drive the respondent to take recourse to filing any Execution Petition. The affidavit of undertaking is taken on record.
5. Both learned counsel for the respective parties submitted that the advance amount paid by the appellants to the respondent has been adjusted towards arrears of rent. Submission is placed on record.
6. Appellants further undertakes to pay electricity and water charges in respect of the schedule premises till the date of handing over vacant possession of the same to the respondent.
7. Subject to the terms stated in the affidavit of undertaking and this order, appeal is disposed but without interfering with the judgment and decree of the Court below.
8. At this stage, learned counsel for the appellants submits that a sum of Rs.8,000/- and Rs.25,000/- has been paid as Court fee and the same may be ordered to be refunded to the appellants. Having regard to Section 66(2)(C) of the Karnataka Court Fee and Suit Valuation Act, 1958 (Amendment Act of 2014), Registry is directed to refund 75% of the Court fees to the appellants.
9. In view of the disposal of the appeal, I.A.No.1/2017 also stands disposed.
Sd/- JUDGE SV/-