IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 12TH DAY OF AUGUST, 2014

BEFORE:

THE HON'BLE MR. JUSTICE A.S.PACHHAPURE

REGULAR SECOND APPEAL No.1291/2011

BETWEEN:

SRI J MOHAN KUMAR, S/O LATE B JAYAPRAKASH, AGED ABOUT 55 YEARS, PARTNER, M/S BOMBAY INDRA BHAVAN, SAYYAJI RAO ROAD, MYSORE.

...APPELLANT

(BY SRI. N.KUMAR, ADV.)

AND:

• 1. K RAMAMOHANA GUPTHA, S/O K VENKATASUBBA SHETTY, AGED ABOUT 69 YEARS, R/AT "SANJEEVINI", NO.56, 16TH C MAIN, 4TH BLOCK, KORAMANGALA, BANGALORE-560 034.
• 2. DR. SANJEEV KUNNATUR, S/O LATE DR.K.RAJAGOPLA SHETTY, AGED ABOUT 69 YEARS.
• 3. SMT. SUSHEELAMMA K, W/O LATE DR.K.RAJAGOPLA SHETTY, AGED ABOUT 78 YEARS.
• 4. SMT. UMASHANKAR, D/O LATE DR. K RAJAGOPLA SHETTY, AGED ABOUT 52 YEARS.
• 5. SMT GEETHA RAGHU, D/O LATE DR.K.RAJAGOPLA SHETTY, AGED ABOUT 48 YEARS,

RESPONDENT NOS.2 TO 5 ARE R/AT NO.29, 1ST MAIN, YADAVAGIRI, MYSORE-570 020.

• 6. M/S BOMBAY INDRA BHAVAN, A REGD. PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT SAYYAJI RAO ROAD, MYSORE-570 001, REP. BY ITS PARTNER B. ASHOK KUMAR.
• 7. SRI. B ASHOK KUMAR S/O LATE BADRI PRASAD AGED ABOUT 55 YEARS, M/S BOMBAY INDRA BHAVAN SAYYAJI RAO ROAD, MYSORE-570 001.
• 8. SRI. J PUNITH KUMAR, S/O LATE B JAYAPRAKASH, AGED ABOUT 55 YEARS, PARTNER, M/S BOMBAY INDRA BHAVAN, SAYYAJI RAO ROAD, MYSORE-570 001.

...RESPONDENTS

(BY SRI. R.S.RAVI & SRI.NARENDRA.D.V.GOWDA, ADVS FOR C/R1 & R2)

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.03.2011 PASSED IN R.A.NO.42/2010 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 30.11.2009 PASSED IN O.S.NO.371/1999 ON THE FILE OF THE IV ADDL. CIVIL JUDGE (SR.DN.) & JMFC., MYSORE.

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

JUDGMENT

Parties and counsel are present. A joint memo is filed.

2. The respondent Nos.1 to 5 have agreed to grant two months time to the appellant to vacate and handover the possession of the suit property on or before 10.10.2014.

3. The appellant has agreed to pay damages of Rs.15,000/- per month for the above said period. He has undertaken not to sublet or create any third party right to the suit property and has further undertaken to file an affidavit within ten days from today.

4. The contents of the joint memo are explained to the parties. They have admitted the terms of the joint memo.

5. The appellant shall handover the possession of the suit property on or before 10.10.2014 and shall pay the damages at the rate of Rs.15,000/- per month for the aforesaid period and he shall file an affidavit in terms of the joint memo within ten days from today.

The appeal is accordingly disposed of.

Sd/- JUDGE

VM