Karnataka High Court
Mr Sabir Khan vs Smt B R Supriya on 12 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
REGULAR FIRST APPEAL NO.910 OF 2019 (EJE)
BETWEEN:
MR SABIR KHAN,
S/O MR RABBANI KHAN GULAM,
AGED ABOUT 65 YEARS,
R/AT NO 06, 1ST CROSS,
G BLOCK, KANAKANAGAR,
BENGALURU - 560032,
ALSO AT:
MR SABIR KHAN,
S/O RABBANI KHAN GULAM,
NO 64 ( OLD NO 32),
INFANTRY ROAD,
BENGALURU - 560001. ...APPELLANT
(BY SRI C R GOPALASWAMY, ADVOCATE)
AND:
SMT B R SUPRIYA,
D/O SRI B R RANGASWAMY,
AGED ABOUT 46 YEARS,
R/AT NO 101, "SRI SANNIDHI"
RAILWAY PARALLEL ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020. ...RESPONDENT
(BY SRI PRASAD HEGDE K, ADVOCATE FOR
CAVEAT/RESPONDENT)
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THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED: 05.03.2019 PASSED IN O.S.NO.2545/2014
ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE
SUIT FOR EJECTMENT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING THROUGH VIDEO
CONFERENCE:
JUDGMENT
Learned counsel for the appellant and respondent have filed a memo for withdrawal of the appeal, wherein it is stated that the appellant has agreed to withdraw the appeal and hand over the possession of the suit schedule property to the respondent on or before 09.10.2020 and there is no claim against each other.
2. Learned counsel for the appellant submits that even though the appellant was required to hand over the possession on or before 09.10.2020, he could not hand over the possession but the appellant undertakes to hand over the vacant possession of the premises on or before 22.10.2020.
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3. In view of the submission of both counsels, memo is placed on record.
4. The appellant is directed to hand over the vacant possession on or before 22.10.2020, failing which the respondent is at liberty to proceed with the execution petition in E.P.No.1998/2019 which has been filed by him before the Executing Court.
5. The Registry is directed to transfer the amount deposited before this Court to the bank account of respondent.
6. Accordingly, appeal is dismissed as withdrawn. Appellant is entitled for refund of "hundred percent"
Court fee as per Amendment of Section 66 of the Karnataka Court Fees and Suits Valuation (Amendment) Ordinance, 2020.
Sd/-
JUDGE BSR