Nassema vs Sri Jayanthi Shervegar
2025 Latest Caselaw 8473 Kant

Karnataka High Court

Nassema vs Sri Jayanthi Shervegar on 16 September, 2025

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2025:KHC:37006
                                                 RSA No. 703 of 2024


            HC-KAR




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 16TH DAY OF SEPTEMBER, 2025

                                     BEFORE
                     THE HON'BLE MR. JUSTICE V SRISHANANDA
                REGULAR SECOND APPEAL No.703 OF 2024(INJ)
            BETWEEN:
               NASSEMA
               AGED ABOUT 50 YEARS
               W/O AHAMMAD
               R/A MALLARU VILLAGE
               UDUPI TQ AND DIST-572101
                                                           ...APPELLANT
            (BY SRI K PRASANNA SHETTY, ADVOCATE)
            AND:

               SRI JAYANTHI SHERVEGAR
               AGED ABOUT 53 YEARS
               W/O RAMA SHERVEGAR
               R/A MALLARU VILLAGE
               UDUPI TQ AND DIST-572161
                                                       ...RESPONDENT
            (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE)

Digitally        THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
signed by   CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE
MALATESH    DATED 27.02.2024 PASSED IN RA NO.27/2023 ON THE FILE OF
KC          II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, UDUPI.,
Location:   DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
HIGH        AND DECREE DATED 29.05.2023 PASSED IN OS NO.481/2017
COURT OF    ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, UDUPI.
KARNATAKA
                THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
            JUDGMENT WAS DELIVERED THEREIN AS UNDER:
            CORAM:     HON'BLE MR. JUSTICE V SRISHANANDA
                                     -2-
                                                   NC: 2025:KHC:37006
                                                  RSA No. 703 of 2024


HC-KAR




                           ORAL JUDGMENT

After addressing the arguments for some time, Sri

K.Prasanna Shetty, learned counsel for the appellant files

affidavit of the appellant which reads as under:

"I, Naseema W/o Ahammad, Aged About 50 Years, R/A Mallaru Village, Udupi Tq and Dist-572101, today at Bangalore, do hereby solemnly affirms and state on oath as follows:

1. I state that t am the appellant in the above appeal. I know the facts and - circumstances of the case and hence deposing as hereunder:

2. I state that the above appeal is preferred by me against the judgment and decree dated 29.05.2023 passed in O.S.No.481/2017 by the court of Prl Civil Judge and JMFC, Udupi, and the judgment and decree dated 27.02.2024 passed in R.A.No.27/2023 passed by the court of II Additional Senior Civil Judge and ACJM, Udupi.

3. I state that I undertake to vacate the suit schedule property on or before 31st March of 2026 as agreed by me before this Hon'ble Court. Therefore I may be permitted to take my belongings/movables attached to the suit schedule property.

I state that the contents urged in the above para No.1 to 3 are true to the best of my knowledge."

NC: 2025:KHC:37006

HC-KAR

2. Copy of the affidavit is furnished to the counsel for the

respondent.

3. Sri K.Shashikanth Prasad, learned counsel for the

respondent has made an endorsement 'no objection' on the

affidavit.

4. Placing the affidavit on record, appeal can be disposed of.

5. Hence, the following:

ORDER

(i) Appeal is dismissed.

(ii) However, time is granted till 31st March 2026 to vacate and handover the suit property to the respondent, without driving the respondent to file execution proceedings.

(iii) Office to pass decree appending copy of the affidavit as part of the decree.

Sd/-

(V SRISHANANDA) JUDGE

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