Karnataka High Court
Sri K K Shekar vs Smt.Sundara K S on 21 November, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:41958
RFA No. 1118 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1118 OF 2023 (PAR)
BETWEEN:
SRI K K SHEKAR
S/O LATE SRI K S KRISHNAN
AGED 66 YEARS
R/AT NO.460, 18TH MAIN,
4TH 'T' BLOCK, JAYANAGAR
BANGALORE-560 041.
...APPELLANT
(BY SRI. R A DEV ANAND, ADVOCATE)
AND:
1. SMT. SUNDARA K S
W/O LATE K K SATYANARAYANA
AGED ABOUT 74 YEARS.
2. SRI RAJESH K S
S/O LATE K K SATYANARAYANA
AGED ABOUT 52 YEARS.
Digitally
signed by BTOH ARE RESIDING AT NO. 460
VANDANA S 18TH MAIN, 4TH 'T' BLOCK, JAYANAGAR
Location: BENGALURU - 560 041.
HIGH
COURT OF 3. SRI K S KISHORE KUMAR
KARNATAKA S/O LATE K K SANATH KUMAR
AGED ABOUT 59 YEARS
4. SMT ANITHA HARISH
D/O LATE K K SANATH KUMAR
W/O SRI HARISH
AGED ABOUT 49 YEARS
BOTH R/AT NO.29/1, NEW NO.45,
10TH MAIN ROAD, 2ND CROSS,
7TH BLOCK, BSK 3RD STAGE, 4TH PHASE
BANGALORE-560 085.
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NC: 2023:KHC:41958
RFA No. 1118 of 2023
5. SRI K P BAADRINARAYANAN
S/O LATE GOWRAMMA
AGED ABOUT 65 YEARS.
6. SRI RAMKUMAR
S/O LATE GOWRAMMA
AGED ABOUT 61 YEARS
BOTH ARE R/AT NO.92,
SRI VENKATESH BHAVANAM
7TH STREET, TATABAD COIMBATORE,
TAMILNADU-641 012.
7. SMT NIRMALA
W/O SRI A A KANAKARAJ
D/O K S KRISHNAN
AGED ABOUT 70 YEARS,
R/AT NO.563, B 1ST MAIN,
9TH CROSS, JP NAGAR, 3RD PHASE
BANGALORE-560 078.
8. SMT UMA
W/O SRI PONNAMBALAM
D/O LATE K S KRISHNAN
AGED ABOUT 69 YEARS,
R/AT NO.263-B, THAMMANNA SETTY ROAD
ARASIPALYAM, SALEM-636 009.
9. SRI ARCHAN
D/O LATE SUMITHRA
AGED ABOUT 40 YEARS
R/AT NO.848, MITRA NILAYA
100 FEET ROAD, INDIRA NAGAR
BANGALORE-560 038.
10. SMT SHALINI KRISHNA
D/O SRI P PONNABALAM
W/O SRI GOKUL KRISHNA
AGED ABOUT 50 YEARS,
R/AT NO.60-C, SJR EASTWOOD
HARLUR ROAD
BANGALORE-560 102.
...RESPONDENTS
(BY SRI. B VACHAN, ADVOCATE FOR C/R-2 & R-3 TO R-9;
SRI. NITIN PRASAD, ADVOCATE FOR R-10)
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NC: 2023:KHC:41958
RFA No. 1118 of 2023
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC.
AGAINST THE ORDER DATED 24.03.2023 PASSED IN FDP NO.92/2007 ON
THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU,
ALLOWING THE PETITION FILED UNDER SEC. 54 R/W ORDER 20 RULE 18
OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Appellant has filed an affidavit of undertaking, which reads as
under:
"I, K.K.Shekar, aged 67 years, S/o. late K.S.Krishnan,
residing at No.234/6, Flat No.401, 4th Floor, "Sumukha Residency",
4th Main, 2nd Block, Tyagarajanagar, Bangalore - 560 028, do
hereby solemnly affirm and state on oath as under:
1. I state that I am ready and willing to vacate from the suit
Schedule 'B' Property on or before 19.05.2024 without any protest
or demur. I shall not claim further extension of time under any
circumstances.
2. I undertake not to litigate the case any further with
regard to Schedule A Property and Schedule B Property. I shall
not file any fresh litigation, and withdraw all pending litigations
between us with regard to the suit Schedule A Property and suit
Schedule B Property.
3. I state that I do not have any objections for withdrawal
of the auction money kept in the City Civil Court by the parties to
the suit as per their share.
Wherefore, it is most humbly prayed that this Hon'ble Court
may kindly be pleased to take this affidavit on record and pass
orders accordingly.
NC: 2023:KHC:41958
I do hereby verify and state that the contents of this affidavit
are true and correct to the best of my knowledge, information and
belief."
2. The said affidavit of undertaking is placed on record.
3. In view of affidavit of undertaking filed on behalf of the
appellant, appeal is disposed of in terms of the affidavit of
undertaking and without interfering with the impugned order.
Sd/-
JUDGE
SV
