Karnataka High Court
P. Gokuldas Bhat vs Sri. Laxmi Venkatramana Temple on 1 December, 2023
-1-
NC: 2023:KHC:43334
RSA No. 642 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.642 OF 2023 (INJ)
BETWEEN:
1. P.GOKULDAS BHAT
S/O P.SADASHIVA BHAT
AGED ABOUT 55 YEARS
2. K.RAJESH PRABHU
S/O LATE K.VASUDEVA PRABHU
AGED ABOUT 50 YEARS
3. K.YOGISH PRABHU
S/O LATE K.VASUDEVA PRABHU
AGED ABOUT 52 YEARS
Digitally
ALL ARE RESIDING AT
signed by
CHAITHRA A NEAR ULLAS BAR AND RESTAURANT
Location: UPPINANGADY VILLAGE
HIGH PUTTUR TALUK
COURT OF D.K.-574 201
KARNATAKA
...APPELLANTS
(BY SRI. RAJASHEKAR S, ADVOCATE)
AND:
SRI. LAXMI VENKATRAMANA TEMPLE
UPPINANGADY
PUTTUR TALUK,
-2-
NC: 2023:KHC:43334
RSA No. 642 of 2023
D.K.-574 201
REPRESENTED BY ITS
MANAGING TRUSTEE
...RESPONDENT
(BY SRI. SACHIN B S, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 16.02.2023 PASSED IN
RA NO.10/2021 ON THE FILE OF THE ADDITIONAL, SENIOR
CIVIL JUDGE AND JMFC, PUTTUR DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
23.03.2021 PASSED IN O.S. NO.408/2016 ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JMFC PUTTUR, D.K AND ETC.
THIS APPEAL, COMING ON FOR PART HEARD IN
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
On the previous date of hearing though the
appellants are called upon to file undertaking by way of
affidavits indicating that they will handover vacant
possession within eight months, but the undertaking filed
in the form of affidavits indicating that they would
handover the vacant possession within nine months from
NC: 2023:KHC:43334
today runs contrary to what was agreed on the previous
date.
2. Therefore, the undertaking by way of affidavits
furnished before this Court are rejected.
3. Learned counsel appearing for the appellants
would submit to this Court that appropriate undertaking
will be filed within 10 days from today. Appellants would
also accept the request made by the learned counsel
appearing for the plaintiffs insofar as arrears of rent is
concerned. On instructions, he has made a statement that
his clients would make arrangements to pay arrears.
4. Therefore, ten days time is granted to the
appellants to file an undertaking that he would handover
vacant possession within nine months i.e., on or before
31.07.2024.
NC: 2023:KHC:43334
5. It is made clear that they shall also give
undertaking indicating that all arrears of rent will be paid
within a period of six months.
6. The appellants shall also indicate in the
affidavits that they will not commit any default in paying
the agreed rent and the same shall be reflected in the
undertaking. The undertaking to be tendered within
10 days.
In the light of the undertaking given by the
appellants, the second appeal stands disposed off.
It is made clear that the appellants shall not seek
any further extension of time and the same shall be
indicated in the Affidavits.
Sd/-
JUDGE
NBM
