Karnataka High Court
Sri V Narayanswamy vs Smt Rajamma on 13 June, 2014
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R.F.A. No.1859/2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
REGULAR FIRST APPEAL No.1859/2013
BETWEEN:
SRI V. NARAYANASWAMY
S/O LATE SRI VENKATASWAMAPPA
85 YEARS, R/AT NO.35/14, GROUND FLOOR
3RD MAIN, 38TH 'A' CROSS, 8TH BLOCK, JAYANAGAR
BANGALORE - 560 070 ... APPELLANT
(BY SRI R.B.SADASIVAPPA, ADVOCATE)
AND:
SMT. RAJAMMA, W/O SRI S.P.THIPPERUDRAPPA
72 YEARS, R/A NO.35/14, FIRST FLOOR
3RD MAIN, 38TH 'A' CROSS, 8TH BLOCK, JAYANAGAR
BANGALORE - 560 070 ... RESPONDENT
(BY SRI NARAJJI DEEPAK, ADVOCATE FOR C/R)
THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 07.08.2013
PASSED IN O.S.4466/2011 ON THE FILE OF THE III-ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING
THE SUIT FOR EJECTMENT.
THIS RFA COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
H.G.RAMESH, J. (Oral):
Learned counsel appearing for the appellant- defendant submits that the respondent-plaintiff -2- R.F.A. No.1859/2013 (landlord) has agreed to grant time upto the end of December 2014 to the appellant-tenant to voluntarily vacate and to deliver vacant possession of the suit premises to the respondent-landlord and this is recorded by the executing Court in the execution proceeding. Hence, he submits that this appeal may be disposed of as settled between the parties in terms stated above. The appeal is accordingly disposed of. In view of the settlement, the appellant is entitled for refund of the entire court fee paid by him on the memorandum of appeal. Subject to the above settlement, the judgment and decree impugned herein shall stand affirmed.
In view of disposal of the appeal, I.A. No.1/2013 filed for interim stay does not survive for consideration; it stands disposed of accordingly.
Appeal disposed of.
Sd/-
JUDGE BNS