Karnataka High Court
Nagaraju vs M Nanja on 21 August, 2023
Bench: R. Nataraj
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NC: 2023:KHC:29628
RSA No. 197 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
REGULAR SECOND APPEAL NO. 197 OF 2021 (RES)
BETWEEN:
NAGARAJU
S/O M. NANJA,
48 YEARS,
R/O NO.3511,
5TH MAIN, 5TH CROSS,
SARVAJANIKA HOSTEL ROAD,
VIDYARANYAPURAM,
MYSURU-570 008.
...APPELLANT
(BY SRI. NAGARAJA R.C., ADVOCATE)
AND:
M. NANJA
S/O LATE MARA,
AGED 62 YEARS,
R/O D. NO.4, 4TH MAIN,
Digitally 16TH CROSS, MCC COLONY,
signed by
SUMA VIDYARANYAPURAM,
Location: MYSURU-570 008
HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. HARI PRASAD M.B., ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 03.11.2020 PASSED IN R.A.No.491/2019 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 21.12.2018 PASSED IN
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RSA No. 197 of 2021
O.S.No.568/2017 ON THE FILE OF THE IV ADDITIONAL I CIVIL
JUDGE AND JMFC, MYSORE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The defendant in O.S. No.568/2017 on the file of IV
Additional First Civil Judge and JMFC., Mysuru, (henceforth
referred to as 'the Trial Court') has filed this regular
second appeal challenging the Judgment and Decree dated
21.12.2018 passed therein as well as the Judgment and
Decree dated 03.11.2020 passed by the Principal District
and Sessions Judge, Mysuru, (henceforth referred to as
'the First Appellate Court') in R.A. No.491/2019 by which
the said Judgment and Decree passed by the Trial Court
was confirmed.
2. The parties shall henceforth be referred to as
they were arrayed before the Trial Court.
3. The plaintiff filed O.S. No.568/2017 for
ejectment of the defendant from the suit schedule
property. The said suit after contest was decreed and an
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RSA No. 197 of 2021
appeal filed by the defendant before the First Appellate
Court was dismissed.
4. Being aggrieved by the aforesaid concurrent
finding of the Trial Court and the First Appellate Court, the
defendant has filed this present regular second appeal.
5. When this appeal was taken up for final
hearing, the defendant / appellant herein filed a memo,
which reads as follows:
"In the above case, the Appellant has
undertaken to vacate the schedule
property within six months from today i.e.,
from 21.08.2023, in the interest of justice
and Equity."
6. Learned counsel for the respondent / plaintiff
after securing instructions from the plaintiff submits that
this appeal may be disposed off granting time to the
defendant / appellant to vacate the suit schedule property
within six months from today.
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RSA No. 197 of 2021
7. In view of the above, this appeal is disposed off
confirming the impugned judgment/s and decree/s of the
trial Court and the First Appellate Court. However, six
months' time is granted to the defendant / appellant
herein to quit and deliver vacant possession of the suit
schedule property to the plaintiff / respondent herein.
8. The defendant / appellant herein shall pay the
Court fee within 10 days from today.
9. In view of disposal of this appeal, I.A.
No.2/2022 for vacating stay does not survive for
consideration and the same stands disposed off.
List this appeal for payment of Court fee on
31.08.2023.
Sd/-
JUDGE
SMA
