In The High Court Of Karnataka At Bengaluru Between:
DATED THIS THE 27TH OF AUGUST, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 523 of 2019 SRI TULAJARAM SON OF NARASAPPA AGED ABOUT 62 YEARS OCC: PROP. VINAY HANDLOOMS RESIDING AT #317/2A, DIXIT ROAD, K.B. EXTENSION, DAANAGERE – 577 002.
(BY SMT. B. V. VIDHYULATHA., ADVOCATE) And:
... APPELLANT 1. SMT. VANAJAKSHAMMA WIFE OF LATE CHANDRASHEKAR SETTY AGED ABOUT 78 YEARS.
2. DR. NAGESH. C SON OF LATE CHANDRASHEKAR SETTY, AGED ABOUT 46 YEARS.
BOTH RESPONDENTS ARE RESIDING AT PLOT NO.67, CTS NO.4816/7, SECTOR NO.1, NEAR DULHAN MARRIAGE HALL, SUBASH NAGAR, BELGAUM – 590 016.
... RESPONDENTS (BY SRI. G.B. NANDISH GOWDA, ADVOCATE FOR R1 AND R2) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.12.2018 PASSED IN RA.NO.92/2018 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE AND JMFC DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 27.06.2018 PASSED IN OS.NO.391/2015 ON THE FILE OF THE ADDL.CIVIL JUDGE, DAVANAGERE.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgement This appeal is filed by the defendant in O.S.No.391/2015 on the file of the Additional Civil Judge, Davanagere, and the suit is for eviction of the defendant from the suit schedule property, a commercial property. The suit is partly decreed by the trial Court, and the appeal filed by the defendant in R.A.No.92/2018 on the file of the II Additional Senior Civil Judge & JMFC., Davanagere, is also dismissed.
2. The appellant has filed affidavit inter alia stating that he is willing to hand over the vacant possession of the property without any further precipitate proceedings on or before 18.08.2020 and that he would continue to pay rent at the rate of Rs.6,000/- per month until 18.08.2020.
3. The learned counsel for the appellant submits that in continuation of the affidavit now filed, the appellant has also hand over demand draft bearing No.5O1561 for Rs.86,922/- drawn in favour of the respondents and therefore, the appeal be disposed of modifying the impugned judgement and decree in terms of this affidavit.
4. The learned counsel for the respondents acknowledges the receipt of the demand draft drawn in favour of the respondents for Rs.86,922/-, and also submits, on instructions from the respondents, that the respondents have accepted the terms as stated in the affidavit and therefore, the appeal be disposed of modifying the impugned judgement and decree subject to the condition that the appellant shall hand over possession of the suit schedule property on or before 18.08.2020 and continue to pay agreed rent at the rate of Rs.6,000/- per month without delay until then, and importantly on the condition that the respondents shall not be driven to further litigation.
5. In the light of these submissions, it is obvious that there is settlement of the dispute with the undertaking now taken. Therefore, the affidavit is accepted and consequentially the impugned judgement and decree are modified allowing time to the appellant till 18.08.2020 to vacate and hand over the vacant possession of the property on the condition that the respondents shall not be driven to the further litigation and the appellant shall continue to pay agreed rent at the rate of Rs.6,000/- per month until such date. Accordingly, the appeal is disposed of.
The office is directed to draw decree accordingly and also to refund the Court fee in accordance with law.
Sd/- Judge KPS