Karnataka High Court
M/S. A S Kasarkod And Sons vs The Nagarbail Salt Owners Co-Op ... on 21 February, 2022
Bench: Sachin Shankar Magadum
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.100717 OF 2015 (DEC)
c/w
REGULAR SECOND APPEAL NO.100716 OF 2015
IN REGULAR SECOND APPEAL NO.100717 OF 2015
BETWEEN
1. M/S. A S KASARKOD and SONS
A PARTNERSHIP ENTERPRISE
REPRESENTED BY ITS PARTNER
LAXMIDAS ANANTHARAO KASARKOD,
LAXMI AUTO CENTRE,
FIVE ROAD CROSS, SIRSI
N.K.581401
2. LAXMIDAS ANATHARAO KASARKOD
AGE : 67 YEARS,
PARTNER M/S A.S.KASARKOD and SONS
LAXMI AUTO CENTRE
FIVE ROAD CROSS, SIRSI
N.K.581401
...APPELLANTS
(BY SRI. VIJAYKUMAR B HORATTI, ADVOCATE)
AND
THE NAGARBAIL SALT OWNERS CO-OP SOCIETY LTD.,
SANIKATTA GOKARNA IN NORTH KANARA
THROUGH ITS AUTHORIZED REPRESENTATIVE
SRI. ANIL SHANTARAM NADAKARNI
HINDU, AGE : 53 YEARS,
2
R/O: GOKARNA, N.K.DIST-581326
...RESPONDENT
(BY SRI. V. VIDYA, ADVOCATE)
THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE
THE JUDGEMENT & DECREE DATED 17.07.2015 PASSED IN
R.A.NO.62/2013 PASSED BY THE SENIOR CIVIL JUDGE, SIRSI, AND
THE JUDGMENT AND DECREE DATED 18.07.2013 AND THE DECREE
PASSED IN O.S.NO.20/2008 BY THE ADDITIONAL CIVIL JUDGE AT
SIRSI.
IN REGULAR SECOND APPEAL NO.100716 OF 2015
BETWEEN
1. M/S. A S KASARKOD and SONS
A PARTNERSHIP ENTERPRISE
REPRESENTED BY ITS PARTNER
LAXMIDAS ANANTHARAO KASARKOD,
LAXMI AUTO CENTRE,
FIVE ROAD CROSS, SIRSI
N.K.581401
2. LAXMIDAS ANATHARAO KASARKOD
AGE : 67 YEARS,
PARTNER M/S A.S.KASARKOD and SONS
LAXMI AUTO CENTRE
FIVE ROAD CROSS, SIRSI
N.K.581401
...APPELLANTS
(BY SRI. VIJAYKUMAR B HORATTI, ADVOCATE)
AND
THE NAGARBAIL SALT OWNERS CO-OP SOCIETY LTD.,
SANIKATTA GOKARNA IN NORTH KANARA
THROUGH ITS AUTHORIZED REPRESENTATIVE
SRI. ANIL SHANTARAM NADAKARNI
3
HINDU, AGE : 53 YEARS,
R/O: GOKARNA, N.K.DIST-581326
...RESPONDENT
(BY SRI. V. VIDYA, ADVOCATE)
THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE
THE JUDGEMENT & DECREE DATED 17.07.2015 PASSED IN
R.A.NO.58/2013 PASSED BY THE SENIOR CIVIL JUDGE, SIRSI, AND
THE JUDGMENT AND DECREE DATED 18.07.2013 AND THE DECREE
PASSED IN O.S.NO.20/2008 BY THE ADDITIONAL CIVIL JUDGE AT
SIRSI.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In compliance of the order dated 16.02.2022, today
the appellant-defendant has paid an amount of
Rs.4,08,000/- by way of demand draft bearing
No.276097 dated 18.02.2022 drawn on the Sirsi Urban
Sahakari Bank Limited, Sirsi Main Branch in favour of
respondent-plaintiff society.
2. The demand draft is accepted by the learned
counsel appearing for the respondent-plaintiff and she
admits that the entire arrears as per the judgment and
decree passed by the First Appellate Court in
R.A.No.58/2013 and R.A.No.62/2013 is settled by the
appellant. In view of payment of entire arrears, these
appeals filed by the appellant are disposed of granting
seven months time to vacate the property in question,
which would commence from the first week of March-
2022. Therefore, the appellant-defendant is directed to
handover the vacant possession of the property in
question on or before 31.09.2022. The appellant-
defendant shall abide by all the terms and conditions,
which were prevailing while inducting him as a tenant. He
should not create any third party rights and shall also not
seek any further extension. An undertaking shall be filed
in the form of affidavit indicating all the above terms and
conditions within a period of two weeks in the registry.
3. In view of settlement arrived at between the
parties in RSA No.100717/2015, the connected appeal in
RSA No.100716/2015 is also disposed of in terms of the
above said order. Both the appeals are disposed of as
amicably settled.
4. In view of disposal of the appeals, pending
interlocutory applications, if any, do not survive for
consideration and are dismissed accordingly.
5. This court appreciates the valuable assistance
rendered by both the counsel, who have prevailed over
and by their counseling, the matter is amicably settled.
Sd/-
JUDGE
YAN
