Karnataka High Court
Sri V.C Kumar vs Sri H.R. Jagadish on 25 November, 2013
Author: C.R.Kumaraswamy
Bench: C.R. Kumaraswamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE C.R. KUMARASWAMY
R.S.A. NO.1525 OF 2013
BETWEEN:
SRI.V.C.KUMAR
S/O PUTTAPPA
AGED ABOUT 52 YEARS
RESIDING AT SHOP NO.2
HUNGI CHIKKANNA COMPLEX
MARKET ROAD
DODDABALLAPUR ...APPELLANT
(BY SRI.G.KRISHNA MURTHY, ADVOCATE)
AND:
SRI.H.R.JAGADISH
S/O H.C.RAMACHANDRAIAH
AGED ABOUT 62 YEARS
RESIDING AT NO.780
CINEMA ROAD
DODDABALLAPUR ...RESPONDENT
(BY SRI.KESHAVA RAO MOHITHE.V.ADVOCATE FOR
CAVEATOR RESPONDENT)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED:26.08.2013 PASSED IN R.A.NO.18/2013
2
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
DODDABALLAPUR, DISMISSING THE APPEAL AND
AFFIRMING THE JUDGMENT AND DECREE
DATED:14.03.2013 PASSED IN O.S.NO.504/2011 ON THE
FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC,
DODDABALLAPUR.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
The appellant and his counsel are present. The respondent and his counsel are present. A joint memo is filed. Execution of the parties on the joint memo is admitted before the court. The joint memo dated 25.11.2013 reads as follows:
"The parties respectfully submit as follows:-
The appellant undertakes to vacate and hand over the vacant possession of the suit schedule property to the respondent on or before 25.11.2014.
1. The appellant will pay the rent regularly on 10th of subsequent month. In the event of failure to pay the rent consequently 3 for two months respondent is entitled to execute the decree.
2. The respondent has no objection to modify the decree passed by the trial court in the above terms.
It is respectfully prayed that the order of the trial court may be modified in the above terms".
This Regular Second Appeal is disposed of in terms of the joint memo. Draw the decree accordingly.
SD/-
JUDGE YKL