Sri C Channappa Since Deceased By His Lr vs Smt R Indira on 25 November, 2022

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Karnataka High Court

Sri C Channappa Since Deceased By His Lr vs Smt R Indira on 25 November, 2022

Bench: V. Srishananda

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 25TH DAY OF NOVEMBER, 2022

                       BEFORE

         THE HON'BLE MR. JUSTICE V. SRISHANANDA

                R.F.A.No.1014/2013

BETWEEN

1.    SRI C CHANNAPPA
      SINCE DECEASED BY HIS LR

      SMT. VIJAYALAKSHMI
      W/O LATE CHANNAPPA
      AGED MAJOR,

2.    SRI MANU GOWDA
      S/O LATE C. CHANNAPPA,
      AGED MAJOR,

      BOTH ARE RESIDING AT
      NO.2255,22ND CROSS,
      BANASHANKARI 2ND STAGE,
      BANGALORE- 560070
                                         ...APPELLANTS
(BY SRI GIRISH.R FOR SRI BIPIN HEGDE, ADVOCATES)

AND

1.    SMT R INDIRA

      SINCE DECEASED BY HER LEGAL REPRESENTATIVE,
      SRI P.S. RENUKA
      S/O LATE P. SHANTHAMALLAIAH,
      AGED ABOUT 67 YEARS,
      RESIDING AT # 14,
                           2




     "INDIRA" 2ND "A" CROSS, 6TH MAIN ROAD,
     KHB COLONY I STAGE,
     BASAVESHWARANAGAR,
     BANGALORE-560079

     SINCE DECEASED
     P.S.RENUKA BY LEGAL REPRESENTATIVES

1(a) SMT.TEJAVATHI RENUKKAPPA GUTKE

1(b) SRI GIRISH

1(c) SMT.SMITHA

1(d) SRI KIRAN.R

     ALL RESPONDENT No.1 (a) to 1(d)
     ARE MAJOR AND SON'S AND DAUGHTERS OF
     P.S.RENUKA
     RESIDING AT # 14,
     "INDIRA" 2ND "A" CROSS, 6TH MAIN ROAD,
     KHB COLONY I STAGE,
     BASAVESHWARANAGAR,
     BANGALORE-560079

2.   SRI B.K BHASKAR
     NO.14/56, I FLOOR, 80 FEET ROAD,
     BHUVANESHWAR NAGAR,
     BANASHANKARI 3RD STAGE,
     BANGALORE

3.   SRI MADHU GOWDA
     S/O LATE C. CHANNAPPA,
     RESIDING AT NO.2255,
     22ND CROSS, BANASHANKARI 2ND STAGE,
     BANGALORE-560070

4.   MISS. SWETHA
     D/O LATE C. CHANNAPPA,
                                   3




       RESIDING AT NO.2255,
       22ND CROSS, BANASHANKARI 2ND STAGE,
       BANGALORE-560070

                                                    RESPONDENTS

(BY SRI S.RAJASHEKAR, ADVOCATE FOR R1(a to d); VIDE
ORDER DATED 09.04.19, NOTICE TO R3 AND R4 ARE HELD
SUFFICIENT)

     THIS RFA IS FILED U/O-41, RULE-1, R/W SEC.96, OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
13.03.2013 PASSED IN O.S.NO.2270/2007 ON THE FILE OF
THE C/C 45th -ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, (CCH-44) DECREEING THE SUIT FOR
EJECTMENT.

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

                            JUDGMENT

1. Case called out. Counsel for appellants have presented an affidavit which reads as under:

"I, Sri Manu C, S/o Late C. Channappa, aged major, residing at No.2255, 22nd Cross, Banashankari 2nd Stage, Bangalore -560 070, do hereby solemnly affirm and state on oath as follows:-

1. I am the appellant No.2 in the above appeal. I know the facts of the above appeal. I have been authorized by the appellant No.1 to swear to this Affidavit. I am competent to swear to this Affidavit.

2. I state that the above appeal is filed against the judgment and decree dated 13/03/2013 passed by the Hon'ble 45th Additional City Civil & Sessions Judge, at Bangalore in O.S.No.2270/200, directing the Appellants to quit and deliver the vacant possession of the suit schedule property to the respondent No.1 and also awarded damages against us.

3. I state that on 23.11.2022, after hearing the matter, this Hon'ble Court was pleased to allow the Appellants to be in possession of the Plaint schedule property till 31.12.2023 subject to filing an affidavit to that effect. Accordingly, I am filing this affidavit.

4. 1 submit that the appellants would voluntarily handover vacant possession of the plaint schedule property comprising of ground floor measuring 450 Sq.ft.. first floor measuring 600 Sq.ft., second floor measuring 600 Sq.ft., and third floor measuring 150 Sq.ft. to the respondents on 1.1.2024 without driving the respondents to file execution petition to execute judgement and decree dated 13.3.2013 passed in O.S.No.2270/2007 by the 45th Additional City Civil and Sessions Judge, Bangalore.

5. I state that I would continue to pay the agreed rent of Rs.2,000/- per month to the respondents without fail.

6. I submit that the appellants undertake that I will not sublet the plaint schedule property to any third parties.

7. I Sri. Manu C, the Appellant No.2 herein do hereby state and verify that what is stated above is true and correct to the best of my knowledge, information and belief."

2. Present appeal is directed against the judgment and decree passed in O.S.No.2270/2007 dated 13.03.2013, whereby the suit of the plaintiff came to be decreed and the defendants are ordered to vacate and hand over the suit property.

3. After hearing the present appeal on merits for some time, appellants have chosen to file the aforesaid affidavit.

4. Taking note of the fact that the appellants were carrying business in the suit property and also to accommodate alternate arrangements, this Court is of the considered opinion that granting time for the appellants till end of 2023 would be reasonable.

Accordingly, following order is passed:

ORDER Appeal is dismissed.

However, time is granted for the appellants/defendants to vacate and hand over the suit schedule property on or before 31.12.2023.

It is made clear that appellants are continued to pay the rent as and when it accrues and shall not in any way damage the suit schedule property.

They must also voluntarily vacate and hand over the possession of the suit property on or before 31.12.2023.

Non payment of rent for any single month should entitle the respondents to execute the decree passed by the Trial Court and the concession shown by this Court in granting the time would not be available to the appellants.

Sd/-

JUDGE MR

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Karnataka High Court