Peter Juje Ruzario Since Deceased By Lrs ... vs Radhakrishna Temple Trust
2023 Latest Caselaw 10309 Kant

Citation : 2023 Latest Caselaw 10309 Kant
Judgement Date : 12 December, 2023

Karnataka High Court

Peter Juje Ruzario Since Deceased By Lrs ... vs Radhakrishna Temple Trust on 12 December, 2023

                                                  -1-
                                                        NC: 2023:KHC-D:14573
                                                          RSA No. 100427 of 2023




                                 IN THE HIGH COURT OF KARNATAKA
                                         DHARWAD BENCH

                           DATED THIS THE 12TH DAY OF DECEMBER, 2023
                                                 BEFORE
                             THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                   RSA NO.100427 OF 2023 (POS)
                        BETWEEN:

                        PETER JUJE RUZARIO
                        SINCE DECEASED BY LR'S

                        1. SMT. ANEE PETER RUZARIO
                           AGE: 76 YEARS, OCC: HOUSEWIFE,
                           R/O. NEAR ITI COLLEGE, BAAD, KARWAR,
                           UTTAR KANNADA-581306.

                        2. JUWEL PETER RUZARIO,
                           AGE: 57 YEARS, OCC: NIL,
                           R/O. NEAR CANARA BANK, NANDANGADDA,
                           KARWAR, DIST. UTTAR KANNADA-581306.

                        3. ROMI PETER RUZARIO,
           Digitally       AGE: 55 YEARS, OCC: SERVICE,
           signed by
           VISHAL          R/O. DAIRY CIRLCE, BENGALURU-560029.
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL
PATTIHAL   Date:
           2023.12.14
                        4. JOYSE SATISH PINGE,
           11:35:24
           +0530
                           AGE: 52 YEARS, OCC: SERVICE,
                           R/O. BODA NEAR VIJAY BANK, MARGAON,
                           GOA-403602.

                        5. DANNY PETER RUZARIO,
                           AGE: 50 YEARS, OCC: BUSINESS,
                           R/O.NEAR ITI COLLEGE, BAAD, KARWAR,
                           UTTAR KANNADA-581306.

                        6. MILKHA NELSON RODRIGUES,
                           AGE: 47 YERS, OCC: SERVICE,
                           R/O. SANTEKATTE, UDUPI-576105.
                           -2-
                                 NC: 2023:KHC-D:14573
                                   RSA No. 100427 of 2023




7. KELVIN PETER RUZARIO,
   AGE: 41 YEARS, OCC: SERVICE,
   R/O. NEAR CANARA BANK, NANDANGADDA,
   KARWAD, UTTAR KANNADA-581306.

8. VICKY PETER RUZARIO,
   AGE: 39 YEARS, OCC: BUSINESS,
   R/O. NEAR P AND T QUARTERS,
   DEVALIWADA, BAAD, KARWAR
   UTTAR KANNADA-581306.
                                             ...APPELLANTS

(BY SRI. S.R. HEGDE, ADVOCATE)


AND:

RADHAKRISHNA TEMPLE TRUST,
R/BY ITS MANAGING TRUSTEE,
SRI. SAINATH VITHOBA NAIK,
AGE: 60 YEARS, OCC: BUSINESS,
R/O TELL TAMJI ROAD, KARWAR-581301.
                                            ...RESPONDENT

(BY SRI. GIRISH A.YADWAD, ADVOCATE)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908,
AGAINST THE JUDGMENT AND DECREE DATED 04.02.2021
PASSED IN R.A.NO.06/2021 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE, KARWAR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 25.02.2021,
PASSED IN O.S. NO.176/2015 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS - II, KARWAR, DISMISSING THE SUIT FILED EVICTION
AND RECOVERY OF VACANT POSSESSION.

     THIS REGULAR SECOND APPEAL, COMING ON            FOR
ADMISSION, THIS DAY, THE COURT DELIVERED              THE
FOLLOWING:
                              -3-
                                   NC: 2023:KHC-D:14573
                                     RSA No. 100427 of 2023




                        JUDGMENT

The present regular second appeal by the L.Rs. of the

original defendant assailing the judgment and decree of the

Courts below, whereby, the suit of the plaintiff seeking

eviction and for recovery of vacant possession of the suit

schedule premises was decreed directing the defendant to

handover the vacant possession of the suit schedule

premises.

2. Both the Courts have concurrently held that the

plaintiff is entitled for vacant possession of the suit

schedule premises and the manner in which the Courts

below have assessed the entire oral and documentary

evidence, this Court is of the considered view that no

substantial questions of law arise for consideration in the

present second appeal to be dealt with under Section 100

CPC.

NC: 2023:KHC-D:14573

3. Appellant No.5 files an undertaking affidavit for

himself and on behalf of the other appellants, stating at

para No.2 as under:

"2. I my self and the respondent have agreed to a term that I have to vacate and handover the vacant possession by 31-12-2024. Further I agreed to pay the arrears of rent amount within two weeks and I also agreed to pay the monthly rent of Rs.10,000/- per month from January-2024 to December-2024."

4. The affidavit states that the appellants would

vacate and handover the vacant possession of the suit

schedule premises on or before 31.12.2024 and would pay

arrears of rent within two weeks from today and further

agreed that the appellants would pay monthly rent of

Rs.10,000/- (Rupees ten thousand only) from January -

2024 to December - 2024.

5. Undertaking affidavit is taken on record and the

appellants to voluntarily deliver the vacant possession of

the suit schedule premises on or before 31.12.2024,

without driving the respondents to file execution.

NC: 2023:KHC-D:14573