Smt Narasamma vs Sri B N Nanjundaswamy
2024 Latest Caselaw 1374 Kant

Karnataka High Court

Smt Narasamma vs Sri B N Nanjundaswamy on 16 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                              NC: 2024:KHC:1970
                                                             RFA No. 68 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF JANUARY, 2024

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 68 OF 2024 (DEC/POS)
                   BETWEEN:

                   SMT NARASAMMA
                   W/O LATE NANJUNDAIAH
                   AGED ABOUT 80 YEARS
                   R/AT NO. 21/38/1C
                   KADIRENAHALLI LAYOUT
                   PADMANABHANAGAR
                   BENGALURU 560 020.
                                                                   ...APPELLANT
                   (BY SRI. SURESH S LOKRE, SENIOR COUNSEL FOR
                   SMT. MANJULA DEVI M G.,ADVOCATE)
                   AND:

                   1.    SRI B N NANJUNDASWAMY
                         S/O NANJUNDAIAH
Digitally signed         AGED ABOUT 60 YEARS
by                       THE PORTION OF THE HOUSE
DHANALAKSHMI
MURTHY                   IN SY.NO.38 AND 38/1 AND
Location: High           WARD NO. 55, BEARING MUNICIPAL NO.21
Court of
Karnataka                KADARENAHALLI, BSK II STAGE
                         PADMANABHANAGAR, BENGALURU 560 070.

                   2.    MS N RAJANI
                         D/O LATE NARAYAN
                         AGED ABOUT 40 YEARS
                         R/AT NO. 298, 26TH CROSS
                         B.S.K. II STAGE BENGALURU 560070.
                                                                ...RESPONDENTS
                   (BY SRI. SRINIVAS GOWDA., AND
                   SRI. RAGHAVENDRA, ADVOCATES)
                                -2-
                                             NC: 2024:KHC:1970
                                            RFA No. 68 of 2024




     THIS RFA IS FILED UNDER       SECTION 96 OF CPC,
PRAYING TO     CALL THE ENTIRE RECORDS IN EXECUTION
No.3595/2018 ON THE FILE OF CITY CIVIL COURT (CCH-25)
AND SET ASIDE THE DELIVERY WARRANT AND ORDER OF
GIVING POLICE PROTECTION AS PER THE ORDER DATED:
02.01.2024 AND CONSEQUENTLY ALLOW THE APPLCIATION
FILED BY THE APPELLANT DATED: 08.12.2023 UNDER ORDER
XXI RULE 97 OF CPC TO HOLD AN ENQUIRY TO DETERMINE
THE RIGHTS AS CONTEMPLATES UNDER ORDER XXI RULE 98-
102 OF CPC IN THE INTEREST OF JUSTICE AND EQUITY.
    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant filed the affidavits

of the appellant - Narasamma and her son -

B.N.Nanjundaswamy, judgment debtor, stating that, if this

Court grants some reasonable time, they will vacate the

premises.

2. The affidavits dated 16.01.2024 filed by the

appellant as well as her son are taken on record.

3. The appellant and her son are permitted to

reside in the premises till 29.02.2024. Sri

B.N.Nanjundaswamy, JDR is directed to file an affidavit to

the effect that without any further litigation, he will vacate

NC: 2024:KHC:1970

the premises on or before 29.02.2024 and he will not

create any third party interest in respect of the premises.

The said affidavit has to be filed within a week from today.

Till 29.02.2024, the decree holder is directed not to

forcefully evict the appellant from the premises or

disconnect the essential services provided to the premises.

4. With the above observations, the appeal stands

disposed of.

Sd/-

JUDGE

CM