Court dismissed a regular second appeal as withdrawn. Appellants granted time to vacate property and pay damages subject to interim undertaking.
Time granted till 10.10.2013 to vacate property and pay arrears subject to undertaking affidavit.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF JUNE 2013
BEFORE
THE HON’BLE MR.JUSTICE S. ABDUL NAZEER
REGULAR SECOND APPEAL NO.688/2012 (POS)
Between:
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Appellant Nos.2 to 12 are children of late U.K.Aboobakkar,
All are r/a Kempimajalu, Uppinangady Village and Post, Puttur Tq., D.K. 574 241. …. Appellants.
(By Sri Kaleemulla Shariff, Adv. For A1, A1, A5 to 12 Sri Sachin B.S., Adv. For A3 and A4)
And:
M. Chandayya, Since dead by L.Rs.
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1(i) Shashikala, D/o late M.Chandayya, Aged about 50 years.
All are r/o Uppinangady Post, Kasaba Village, Puttur Taluk, D.K. Dist. 574 241. …. Respondents.
{By Sri K.Chandranath Ariga, Adv. For R1(e)}
This Regular Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 7.12.2011 in R.A.No.17/2003 on the file of the Additional Senior Civil Judge and JMFC., Puttur, D.K.District, etc.
This Regular Second Appeal coming on for Orders this day, the Court passed the following:
JUDGMENT
Sri Kaleemulla Shariff and Sri B.S.Sachin, learned Counsel
appearing for the appellants submit that the appeal may be dismissed as withdrawn subject to grant of four months’ time to the
appellants to voluntarily vacate and deliver vacant possession of the suit schedule property.
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the respondents submits that he has no objection for grant of four months' time subject to the appellants undertaking to voluntarily vacate the suit schedule property and file an affidavit to that effect before this Court and also subject to the appellants paying the entire arrears of damages and not to create any third party right in the suit schedule property.
placed on record. The appeal is dismissed as withdrawn. The appellants are granted time till 10.10.2013 to vacate and deliver vacant possession of the suit schedule property to the respondents herein subject to the first appellant filing an affidavit not only on her behalf and also on behalf of other appellants undertaking to voluntarily vacate and deliver vacant possession of the suit
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schedule property to the respondents on or before the aforesaid date. They shall further undertake not to sublet or part with possession of the suit schedule property in any manner. The arrears of damages shall be paid to the respondents within a period of four weeks from today. The affidavit as above shall be filed within a
period of four weeks from today. No costs.
Sd/JUDGE.
BMM/-
Asyamma
Unhi Bava
Ismail
Jamal
Shukoor
Maimuna
S. Abdul Nazeer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
