Karnataka High Court
Abdul Raheem vs M/S Basaveshwra Talkies on 8 July, 2022
Bench: Ravi V Hosmani
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RSA No. 1167 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1167 OF 2020 (INJ)
BETWEEN:
1. ABDUL RAHEEM
S/O LATE ABDUL SUKUR
AGED ABOUT 53 YEARS
2. MOHAMMED AYUB
S/O LATE ABDUL SUKUR
AGED ABOUT 50 YEARS
3. MOHAMMED FAROOQUE
S/O LATE ABDUL SUKUR
AGED ABOUT 43 YEARS
ALL ARE RESIDENCE OF
NOOR SHAMIYANA
N.S.ROAD, OLD TOWN
BHADRAVATHI-577 301.
...APPELLANTS
[BY SRI MOINUDDIN N., ADVOCATE (PH)]
Digitally signed by AND:
VEENA KUMARI B
Location: High
Court of Karnataka M/s BASAVESHWARA TALKIES
REP. BY ITS PARTNER
SRI N.J.VIJAYAKUMAR
SINCE DEAD BY HIS LRs
AND OTHER PARTNERS.
1. N.J.VEERAPPA
S/O LATE N.H.JAMNAPPA
AGED ABOUT 77 YEARS
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RSA No. 1167 of 2020
2. N.J.RAJASHEKHAR
@ SUBHASH
S/O LATE N.H.JAMBAPPA
AGED ABOUT 73 YEARS
3. N.J.SATHEESH KUMAR
S/O LATE N.H.JAMBAPPA
AGED ABOUT 61 YEARS
ALL ARE RESIDENCE OF
VEERABHADRESHWARA NILAYA
KUVEMPU ROAD
SHIVAMOGGA-577 204.
...RESPONDENTS
[BY SRI SHANKARANARAYANA BHAT B., ADVOCATE
FOR C/R1 & R2(PH)]
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC., 1908
AGAINST THE JUDGMENT AND DECREE DATED 04.01.2020 PASSED
IN R.A.NO.97/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2018
PASSED IN O.S.NO.169/2011 ON THE FILE OF THE II ADDITIONAL
CIVIL JUDGE AND JMFC., BHADRAVATHI.
THIS RSA COMING ON FOR ADMISSION THIS DAY, COURT
MADE THE FOLLOWING:
ORDER
Challenging impugned judgment and decree dated
04.01.2020 passed in R.A.No.97/2018 by Prl. Senior Civil Judge
& JMFC,, Bhadravathi, by dismissing appeal, and confirming
judgment and decree dated 25.10.2018 passed in
RSA No. 1167 of 2020
O.S.No.169/2011 by II Addl. Civil Judge & JMFC., Bhadravathi,
appellants have preferred this appeal.
2. Sri Moinuddin N., learned counsel for appellants
submitted that this is defendants appeal challenging judgment
and decree passed by trial Court directing them to hand over
vacant possession of suit schedule property to respondents. It
is further submitted that during pendency of this appeal,
parties have entered into settlement. In terms of settlement,
today, appellant no.3 has filed an undertaking affidavit as
follows:
"1. I state that, I am the 3rd appellant in the
above case and I know the facts of the case
and hence, I am swearing to this affidavit on
behalf of other appellants who are my elder
brothers.
2. I state that, I have filed the above appeal
against the respondents.
3. I state that, in view of consideration made by
the respondent, i.e., Deposit of lease
advancement amount of Rs.5,00,000/-
(Rupees five lakh only) to my account
no.46000100000068 at Bank Baroda
Badravathi Branch (IFSC Code
BARBOBHASHI).
4. I state that, we ready to vacate the schedule
property on or before 15.10.2022 and also till
that we are ready to pay enhanced rent of
RSA No. 1167 of 2020
Rs.25,000/- (Rupees twenty five thousand
only) to the respondents.
5. I state that, we ready to deliver the property
as per condition made at Clause No.5 and 8 of
the Lease deed dated 26.09.2006.
6. I state that, in view of consideration made by
the respondent i.e., deposit of lease
advancement amount of Rs.5,00,000/-
(Rupees five lakh only) to my account
no.46000100000068 at Bank Baroda
Badravathi Branch (IFSC Code
BARBOBHASHI), we ready to undertake to
vacate the property on or before 15.10.2022
and also we are ready to pay the enhanced
rent amount of Rs.25,000/- (Rupees twenty
five thousand only) to the respondents."
3. Learned counsel for respondents submitted that
Sri. Naveen N.V., son of respondent no.1 present in Court
today and undertakes on behalf of respondent no.1, to pay
Rs.5,00,000/- to appellants through D.D. or RTGS transfer on
or before 25.07.2022. A memo is filed to above effect. There
are no objections for its acceptance. It is accepted.
4. Appellants undertake to vacate suit schedule property
and deliver vacant possession of same on or before
15.10.2022 and to pay enhanced monthly damages of
Rs.25,000/- on or before 10th of every month.
RSA No. 1167 of 2020
5. As per above settlement, appellants would be entitled
to take refund of deposits made by them before electricity
board and respondent have no objection for same.
6. They undertakes not to claim any right in respect of
improvements made, and shall be entitled to remove only
movables.
7. Accepting affidavit undertaking and Memo filed by
respondent no.1, appeal is disposed of, modifying impugned
judgment and decree passed to the extent and in terms of
above settlement.
In view of above, learned counsel for appellants sought
for dismissal of I.A.No.1/2022 as not pressed.
Ordered accordingly.
Sd/-
JUDGE
Psg*
