Smt Vidyalakshmi M vs Smt Sarala Umesh Kumar
2023 Latest Caselaw 567 Kant

                                          -1-
                                                      RFA No. 487 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 9TH DAY OF JANUARY, 2023

                                        BEFORE

                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                     REGULAR FIRST APPEAL NO. 487 OF 2021 (POS)

               BETWEEN:

               1.    SMT VIDYALAKSHMI M
                     D/O SRI KRISHNA MOORTHY P
                     AGED ABOUT 33 YEARS
                     R/A NO. 48, 2ND MAIN
                     80 FET ROAD, KODIHALLI
                     INDIRANAGAR BENGALURU 560 008.

                     ALSO AT
                     ACCENTURE SERVICES PVT. LTD.
                     IBC KNOWLEDGE PARK
                     CORPORATION NO. 4/1
Digitally signed     BANNERGHATTA ROAD,
by                   BENGALURU 560 029
DHANALAKSHMI
MURTHY
                                                             ...APPELLANT
Location: High
Court of         (BY SRI. S SARAVANA.,ADVOCATE)
Karnataka

               AND:
               1.    SMT SARALA UMESH KUMAR
                     AGED ABOUT 52 YEARS
                     W/O LATE SRI UMESH KUMAR,

               2.    MISS SHARANYA PASUPULATI
                     AGED ABOUT 28 YEARS
                     D/O LATE SRI UMESH KUMAR
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                                        RFA No. 487 of 2021




3.   MISS AISHWARYA PASUPULATI
     AGED ABOUT 25 YEAWRS
     D/O LATE SRI UMESH KUMAR


     ALL ARE R/A: C/O SRI P V RAMESH KUMAR
     NO.19 AND 20 'PAULS CASTLE'
     CASTLE STREET, ASHOK NAGAR
     BENGALURU 560025.

                                             ...RESPONDENTS
(BY SRI. M.D. RAGHUNATH , ADVOCATE FOR C/R1)
     RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
ORDER DATED 15.02.2021 PASSED IN OS No.25327/2017 ON
THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, MAYOHALL AT BANGALORE, PARTLY
DECREEING THE SUIT FOR VACANT POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                       JUDGMENT

Learned counsel for the caveator/respondent No.1

submits that the plaintiffs have taken possession of the

suit schedule property by due course of law. Hence, the

appeal does not survive for consideration.

2. Learned counsel for the appellant has not

disputed the said position of facts. He further submitted

RFA No. 487 of 2021

that if the plaintiffs do not demand for arrears of rent, he

has no objection to dismiss this appeal.

3. Learned counsel appearing for caveator/

respondent No.1 in turn submits that he will not demand

for arrears of rent.

4. The submissions of learned counsel for the

parties are taken on record.

In view of the above submissions, the appeal does

not survive for consideration and the same is dismissed

as not pressed.

Sd/-

JUDGE

HA