Karnataka High Court
The Managing Director vs Smt S Sharada on 20 March, 2014
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF MARCH, 2014
BEFORE
THE HON'BLE MR.JUSTICE H.BILLAPPA
REGULAR SECOND APPEAL No.2017/2013(POSSE)
BETWEEN:
The Managing Director,
The Brahmavara Primary Weavers
Service Co-operative Society Ltd.,
Brahmavara Post, Udupi Taluk,
Udupi District:576213,
Rep. by Ravindra Shattigar. ...APPELLANT
(By Sri. Vyasa Rao, K.S. Adv.,)
AND:
Smt. S.Sharada, 63 years,
d/o. Rukminiamma,
Pajimane, Shankaranarayana
Village, Kundapura Taluk,
Udupi District-576201. ...RESPONDENT
(By Sri. Prasad, B.S.Adv.,)
******
This RSA is filed under Sec.100 of CPC against the
Judgment and decree dated 13-9-2013 passed in
R.A.No.1/2012 on the file of Principal Senior Civil Judge,
Udupi, dismissing the appeal and confirming the Judgment
2
and decree dated 31-10-2011 passed in O.S.No.259/2010 on
the file of Principal Civil Judge and JMFC, Udupi.
This RSA coming on for Orders this day, the Court
delivered the following:-
JUDGMENT
The learned counsel for the appellant has filed a memo stating that the appellant gives up his contention raised in this appeal and the appellant may be granted time till the end of October 2014 to deliver vacant possession of the suit schedule property to the respondent. It is also stated, the appellant undertakes to deliver vacant possession of the suit schedule property to the respondent on or before 1-10-2014. Further, it is stated, the appellant is agreeable to pay the enhanced amount of Rs.2000/- p.m. for the extended period.
2. The learned counsel for the respondent submits that two months time may be granted and the appellant may be directed to pay the damages at the rate of Rs.5000/- p.m. till the appellant vacates the premises. 3
3. I have carefully considered the submissions made by the learned counsel for the parties.
4. In the circumstances of the case, I consider it proper to grant time till 30-09-2014 to vacate and handover vacant possession of the suit schedule property to the respondent. The appellant shall pay future damages from 1-4-2014 till 30-09-2014 at the rate of Rs.3000/- p.m.
5. Accordingly, the appeal is disposed of granting time to the appellant to vacate the premises on or before 30-09-2014. The appellant shall vacate and handover vacant possession of the suit schedule property to the respondent on or before 30-9-2014. The appellant shall pay future damages at the rate of Rs.3000/- p.m. from 1-4-2014 till 30-09-2014.
The appellant shall file undertaking affidavit within two weeks from today undertaking to vacate the premises on or before 30-09-2014.
4
I.A.I/2014 does not survive for consideration and accordingly it is rejected.
Sd/-
JUDGE NT/-.