This court adjusted the regular second appeal regarding arrears of rent and advance repayment upon the grounds that the executing Court had already taken possession.
The appeal was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:28426 RSA No. 527 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 527 OF 2018 (RES)
BETWEEN:
…APPELLANT
(BY SRI. RANGARAMU V., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI S.A.MARUTI PRASAD, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 2.1.2017 PASSED IN R.A.NO.836/2016 ON THE FILE OF THE IV ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.3.2016 PASSED IN O.S.NO.901/2013 ON THE FILE OF THE IV ADDL. I CIVIL JUDGE, MYSURU.
NC: 2024:KHC:28426 RSA No. 527 of 2018
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant submits that though possession was taken, the execution petition is pending regarding arrears of rent and also the repayment of advance amount. Hence, the executing Court has to take decision in respect of arrears of rent as well as repayment of advance. The counsel submits that in view of taking of possession, the R.S.A does not survives. Hence, the second appeal is disposed of in view of the submission of the appellant’s counsel.
do not survive for consideration, the same stands disposed of.
Sd/JUDGE
RHS List No.: 1 Sl No.: 64
2 issues framed by the court
Whether the regular second appeal survives given the fact that the executing Court has taken possession.
Whether the executing Court needs to decide on arrears of rent and repayment of advance.
SRI SHEKAR SARKAR
SMT. NENU DEVI
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
