Sri Here Ammanavara Basadi Vs Mr. Narendra Ballal — Karnataka HC (2025) — LawSathi Research

Sri Here Ammanavara Basadi Vs Mr. Narendra Ballal — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals disposed of on the joint memos: in MSA No.136/2024 respondent No.1 (Narendra Ballal) to vacate and hand over the key of the schedule premises on 25.09.2025, and in MSA No.138/2024 respondent No.1 (Bharath Shetty) to do so on 08.10.2025, in each case before the Civil Judge and JMFC, Moodabidri; the appellant states it will not claim arrears of rent and mesne profits from respondent No.1 and has no other claim against him; Office to pass modified decrees in terms of the joint memos appended thereto; on non-adherence by any party, the trial court decree is executable in accordance with law.

Ratio / Principle

The joint memos were filed by the respective counsel in consultation with the parties, who voluntarily agreed to the terms and requested disposal of the appeals on that basis.

Key takeaways

Placing the joint memos on record, MSA Nos.136/2024 and 138/2024 stand disposed of.ratio¶¶78
The Office is directed to pass a modified decree in terms of the joint memos, appending copies of the joint memos as part of the decree.ratio¶¶79
If any one of the parties does not adhere to the contents of the joint memos, the decree of the trial Court shall be executed in accordance with law.ratio

Detailed headnote1 paragraphs

High Court of Karnataka (V Srishananda J), 19.09.2025: Two miscellaneous second appeals under Order 43 Rule 1(u) CPC — MSA No.136/2024 and connected MSA No.138/2024 — filed by Sri Here Ammanavara Basadi against first-appellate judgments dated 25.04.2024 (R.A.No.100/2023 and RA No.108/2023, Senior Civil Judge and JMFC, Moodbidri), which had allowed the appeals, set aside the trial court judgments and decrees dated 21.11.2020 in OS No.88/2011 and O.S.No.87/2011 (partly decreeing possession and mesne profits) and remanded the suits. Before admission, counsel for the appellant and respondent No.1 jointly filed memos recording that respondent No.1 would vacate and hand over the keys of the schedule premises on 25.09.2025 (MSA 136/2024) and 08.10.2025 (MSA 138/2024) before the Civil Judge and JMFC, Moodabidri, and that the appellant would not claim arrears of rent and mesne profits nor any other claim against respondent No.1. Holding the agreement voluntary, the Court disposed of both appeals placing the joint memos on record, directed the Office to pass modified decrees appending the memos, and clarified that upon non-adherence by any party the trial court decree would be executed in accordance with law. No precedent was cited or adjudicated; quantum of arrears was not stated.

NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.136 OF 2024 (RO) C/W MISCELLANEOUS SECOND APPEAL NO.138 OF 2024

IN MSA No. 136/2024

BETWEEN:

SRI HERE AMMANAVARA BASADI CONSISTING OF SRI SHATHINATHA THEERTHANKARA SWAMY AND SRI PADMAVATHI DEVI REP. BY ADMINISTRATOR SRI BHASKAR S KATTEMAR AGED ABOUT 84 YEARS ADVOCATE AND AGRICULTURIST BY OCCUPATION R/AT KATTEMAR, KALENJAR VILLAGE POST: KUPPE PADAVU -574162 MANGALURU TALUK, D K.

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

(BY SRI S. RAJASHEKHAR, FOR SRI K SHASHIKANTH PRASAD, ADVOCATES)

AND:

…APPELLANT

MR. NARENDRA BALLAL AGED ABOUT 54 YEARS S/O LATE I VIJAYA KUMAR BALLAL.

SMT. SULOCHANA AGED ABOUT 85 YEARS W/O LATE I VIJAYA KUMAR BALLAL.

SINCE DEAD RESPONDENT NOS.1, 3 TO 5 ARE

2 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

THE LRs AS PER ORDER DATED 03.07.2025

SMT. ANUPAMA BHARATH AGED ABOUT 51 YEARS W/O BHARATH KUMAR JAIN D/O LATE I VIJAYA KUMAR BALLAL 3^RD FLOOR, SAPHIRE APARTMENTS NEAR MORE DEPARTMENTAL STORES BEJAI CHRUCH ROAD MANGALURU 575004.

SMT. NIRUPAMA AJAY AGED ABOUT 49 YEARS W/O AJAY D/O LATE I VIJAY KUMAR BALLAL

SRI I JITHENDRA BALAL AGED ABOUT 46 YEARS S/O LATE I VIJAYA KUMAR BALLAL

RESPONDENT NOS.1, 2, 4 AND 5 ARE R/AT SANGEETHA NEAR SHRI HERE AMMANAVARA BASADI BETKERI MOODBIDRI – 574227.

…RESPONDENTS

(BY SRI K. CHANDRANATH ARIGA K, ADVOCATE FOR R1;

R3 AND R4 ARE SERVED AND UNREPRESENTED;

VIDE ORDER DATED 22.08.2025, NOTICE TO

R5 IS HELD SUFFICIENT;

VIDE ORDER DATED 03.07.2025, R1, R3 TO R5

ARE LRS OF DECEASED R2)

THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT DATED 25.04.2024 PASSED IN R.A.No.100/2023 ON THE FILE OF IV SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 21.11.2020 PASSED IN OS NO.88/2011 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI., PARTLY DECREEING THE SUIT

3 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

POSSESSION, PRESENT AND FUTURE MESNE PROFITS AND THE SUIT IS REMANDED TO TRIAL COURT WITH A DIRECTION TO READMIT THE SUIT.

IN MSA NO. 138/2024

BETWEEN:

SRI. HERE AMMANAVARA BASADI CONSISTING OF SRI SHATHINATHA THEERTHANKARA SWAMY AND SRI PADMAVATHI DEVI REP BY ADMINISTRATOR SRI BHASKAR S KATEMAR AGED ABOUT 84 YEARS ADVOCATE AND AGRICULTURIST BY OCCUPATION R/AT KATTEMAR KALENJAR VILLAGE POST: KUPPE PADAVU 574162 MANGALURU TALUK D.K.

...APPELLANT

(BY SRI. S RAJASHEKHAR FOR SRI. K SHASHIKANTH PRASAD., ADVOCATES)

AND:

SRI. BHARATH SHETTY S/O LATE K LAXMIDHARA SHETTY AGED ABOUT 53 YEARS

SRI. CHANDRAPRABHA SHETTY @ BABANNA S/O LATE K LAXMIDHARA SHETTY AGED ABOUT 51 YEARS R/AT DOOR NO 6-48

SMT. SHANTHAMMA S/O LATE K LAXMIDHARA SHETTY

4 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

AGED ABOUT 75 YEARS

ALL ARE R/AT DOOR NO 6-48 OPP. TO SHRI HERE AMMANAVARA BASADI BETKERI, MOODBIDRI – 574227.

...RESPONDENTS

(BY SRI. CHANDRANATH ARIGA K., ADVOCATE FOR R1; R2 & R3 ARE SERVED AND UNREPRESENTED)

THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2024 PASSED IN RA No.108/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BOODBIDRI.D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.11.2020 PASSED IN O.S.NO.87/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI, PARTLY DECREEING SUIT FOR POSSESSION AND MESNE PROFITS.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Sri K. Shashikanth Prasad, learned counsel for the

appellant and Sri Chandranath Ariga K., learned counsel for the respondent No.1 have jointly filed a memo signed by them.

Contents of the joint memos in MSA Nos.136/2024

and MSA No.138/2024 read as under:

5 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

JOINT MEMO IN MSA NO.136/2024

“ The appellant and respondent No.1 respectfully submits as under,

1. The respondent No.1 will vacate and hand over the key of the schedule premises on 25.09.2025 in the court of the Civil Judge and JMFC, Moodabidri.

2. The appellant hereby states that it will not claim any arrears of rent & mense profits from the respondent No.1.

3. The appellant hereby states that it has no other claim against the respondent No.1.

JOINT MEMO IN MSA NO.138/2024

“ The appellant and respondent No.1 respectfully submits as under,

1. The respondent No.1 will vacate and hand over the key of the schedule premises on 08.10.2025 in the court of the Civil Judge and JMFC, Moodabidri.

2. The appellant hereby states that it will not claim any arrears of rent & mense profits from the respondent No.1.

6 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

3. The appellant hereby states that it has no other claim against the respondent No.1.

Joint memos are signed by respective counsels.

Decision to file joint memos in both the appeals by the respective counsels is in consultation with the parties and they submit that parties have voluntarily agreed to file the joint memos and requesting the Court to dispose of the appeals, placing the joint memos on record.

Hence, the appeals need to be disposed of, placing

the joint memos on record.

Accordingly, the following:

ORDER

(i) Placing the joint memos on record, MSA Nos.136/2024 and 138/2024 are stand disposed of.

(ii) Office is directed to pass modified decree in terms of the joint memos appending the copies of the joint memos as part of the decree.

7 - NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024

HC-KAR

(iii)

It is made clear that if any one of the parties do not adhere to the contents of the joint memos, decree of the trial Court shall be executed in accordance with law.

Sd/(V SRISHANANDA) JUDGE

MR