M/S. Janatha Auto Sales vs Milagres Church
2023 Latest Caselaw 10304 Kant

Karnataka High Court

M/S. Janatha Auto Sales vs Milagres Church on 12 December, 2023

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                                                  NC: 2023:KHC:45059
                                                RSA No. 2013 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                     BEFORE

                 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                   REGULAR SECOND APPEAL NO.2013 OF 2023 (POS)
            BETWEEN:

                  M/S. JANATHA AUTO SALES
                  REP. BY ITS PARTNER

            1.    KULDEEP. K
                  AGED ABOUT 41 YEARS
                  S/O J. YADAVA
                  R/AT GANESH PRASAD
                  KALPANE, KULSHEKAR POST
                  MANGALURU-575005

            2.    MRS.AMITHA
                  AGED ABOUT 46 YEARS
                  W/O MR. GOKKUL M
Digitally         R/AT GANESH PRASAD
signed by         KALPANE, KULSHEKAR POST
ALBHAGYA          MANGALURU-575 005.
Location:
HIGH              AND CARRYING BUSINESS AT
COURT OF
KARNATAKA         DOOR NO.14-5-572,
                  ROOM NO.4, GROUND FLOOR
                  MILAGRES MANSION BUILDING
                  FALNIR ROAD
                  MANGALURU-575 001

                                                      ...APPELLANTS
            (BY SRI. SACHIN B S, ADVOCATE)
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                                        NC: 2023:KHC:45059
                                     RSA No. 2013 of 2023




AND:

    MILAGRES CHURCH
    HAMPANAKATTA
    MANGALURU
    A RELIGIOUS INSTITUTION
    REP. BY ITS PARISH PRIEST
    PRESENT INCUMBENT
    REV. FR.VALERIAN D'SOUZA
    S/O LATE JACOB D'SOUZA
    R/AT HAMPANAKATTA
    MANGALURU-575 001
                                             ...RESPONDENT
(BY SRI.RAKESH KINI, ADVOCATE)

       THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 26.08.2023 PASSED IN
RA NO.6/2017 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND CJM, MANGALURU D.K, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 04.11.2016 PASSED IN OS NO.666/2015 ON THE FILE
OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU
D.K AND ETC.

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This Court was pleased to issue notice on the

basis of the statement made by the learned counsel

appearing for the appellants - defendants.

NC: 2023:KHC:45059

2. Learned counsel appearing for the appellants -

defendants has brought to the notice of this Court that the

defendants are ready to hand over vacant possession of

the suit schedule property if one month time is granted.

The appellants - defendants have also made a statement

that arrears of rent will be paid by his clients.

3. Today, an undertaking is filed by way of an

affidavit after serving copy of the same on the learned

counsel appearing for the plaintiff.

4. Perused the undertaking.

5. Learned counsel appearing for the plaintiff

fairly submits that his client is ready to grant one month

time to the appellants - defendants to handover the vacant

possession of the suit schedule property.

6. Since an undertaking is filed by the appellants

- defendants indicating that they would handover

possession within one month from the date of the order

NC: 2023:KHC:45059

i.e., 05.12.2023, this appeal stands disposed off in terms

of undertaking given by the appellants - defendants.

In the event arrears of rent is not paid, it is open

of the respondent - plaintiff to execute the decree.

Sd/-

JUDGE

NBM