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Y. R. Kalleshwari v. Sri. Sudeep Kumar S

Karnataka HC7 Apr 2025RFA/2030/2022

Case brief

AI extract

What is this about?

Karnataka HC RFA 2030/2022 disposed without interfering with ejectment decree in O.S.No.6052/2021 (V Addl. City Civil & Sessions Judge, Bengaluru, 15.07.2022); possession handed over 26.09.2022; arrears of rent Rs.1,50,000/- and refund of advance Rs.2,00,000/- left open to Executing Court in Ex.No.1769/2022 with six-month disposal timeline; 100% court fee on memorandum of appeal refunded; Sec.96 CPC; no cases cited.

What did the court decide?

Appeal disposed of without interfering with the impugned judgment and decree dated 15.07.2022 in O.S.No.6052/2021; contentions on arrears of rent and refund of advance amount kept open for adjudication by the Executing Court in Ex.No.1769/2022, to be decided within six months; Registry directed to refund 100% of the court fee paid on the memorandum of appeal to the appellant. ¶35

Y. R. Kalleshwari Vs Sri. Sudeep Kumar S — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Regular First Appeal against the judgment and decree dated 15.07.2022 in O.S.No.6052/2021 decreeing ejectment ought to be interfered with, in light of the appellant having already handed over vacant possession of the suit schedule premises. +1 more

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Court's answer

The appeal is disposed of without interfering with the impugned judgment and decree dated 15.07.2022 passed in O.S.No.6052/2021 by the V Additional City Civil Court, Bengaluru, in view of the appellant handing over vacant possession of the suit schedule premises to the respondent on 26.09.2022.

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Ratio / Principle

All rival contentions between the parties as regards the alleged arrears of rent payable by the appellant to the respondent and the alleged advance amount to be refunded by the respondent to the appellant are kept open to be considered and adjudicated upon by the Executing Court in Ex.No.1769/2022, with no opinion expressed thereon.

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Key takeaways

The Executing Court is directed to dispose of the execution proceedings after hearing both sides within a period of six months from the date of receipt of copy of the order.ratio¶39
The Registry is directed to refund the entire 100% of the Court fee paid on the memorandum of appeal back to the appellant forthwith without any delay.ratio¶40

Detailed headnote1 paragraphs

RFA No. 2030 of 2022 (High Court of Karnataka, Bengaluru, 07.04.2025, S.R. Krishna Kumar J.): Defendant-appellant's appeal under Sec.96 CPC against the judgment and decree dated 15.07.2022 of the V Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.6052/2021 decreeing ejectment, arrears of rent of Rs.1,50,000/- and separate enquiry on mesne profits, was disposed of without interfering with the impugned judgment and decree, since the appellant had already vacated and handed over vacant possession of the suit schedule premises to the respondent on 26.09.2022. All rival contentions regarding the alleged arrears of rent and the alleged advance amount of Rs.2,00,000/- to be refunded were kept open for adjudication by the Executing Court in Ex.No.1769/2022, with no opinion expressed; the Executing Court was directed to dispose of the execution proceedings after hearing both sides within six months, and the Registry was directed to refund the entire 100% of the court fee paid on the memorandum of appeal to the appellant forthwith.

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NC: 2025:KHC:14864 RFA No. 2030 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2030 OF 2022 (EJE-)

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BETWEEN:

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Y. R. KALLESHWARI W/O LATE SRI Y. R. RAJESH, AGE ABOUT 40 YEARS, R/AT NO.775, RAILWAY STATION ROAD, NEAR YELAHANKA OLD TOWN, BUS STAND, YELAHANKA OLD TOWN, BENGALURU – 560 064.

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…APPELLANT

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(BY SMT. ANITHA S.M. PATIL, FOR SRI. M.G.GHORPADE PATIL & SRI. K.RAVISHANKAR, ADVOCATES)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SRI. SUDEEP KUMAR S., S/O LATE SAI ANANDA PRASAD, AGE ABOUT 43 YEARS, R/AT NO.1030 (238), 19^TH ‘E’ MAIN ROAD, RAJAJINAGAR, 1^ST ‘N’ BLOCK, BENGALURU – 560 010

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…RESPONDENT

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(BY SRI. ARUN KUMAR D. N., ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST JUDGMENT AND DECREE DATED 15.07.2022 PASSED IN O.S.NO.6052/2021 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR EJECTMENT.

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THIS APPEAL, COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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NC: 2025:KHC:14864 RFA No. 2030 of 2022

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ORAL JUDGMENT

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This appeal by the defendant in O.S.No.6052/2021 is directed against the impugned judgment and decree dated 15.07.2022, whereby the said suit filed by respondent/plaintiff against the appellant/defendant for eviction/ejectment and recovery of arrears of rent, mesne profits, damages etc., sought for by the respondent/plaintiff was decreed in his favour against the appellant/defendant is hereunder:

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“The suit of the plaintiff is hereby decreed with cost.

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The defendant is directed to quit and deliver the vacant possession of the suit schedule property to the plaintiff within one month.

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It is hereby ordered and directed that the defendant is liable to pay the arrears of rent of Rs.1,50,000/- to the plaintiff.

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It is hereby ordered to hold a separate enquiry in regard to the mesne profits.

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Draw decree accordingly.”

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Learned counsel for the appellant and learned counsel

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for respondent jointly submit that pursuant to the impugned

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3 - NC: 2025:KHC:14864 RFA No. 2030 of 2022

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judgment and decree, the appellant has already vacated and handed over vacant possession of the suit schedule premises to the respondent on 26.09.2022.

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Learned counsel for the appellant and respondent further jointly submit that the issue regarding alleged arrears of rent payable by the appellant in favour of the respondent and alleged repayment of the advance amount of Rs.2,00,000/- alleged to have been paid by the appellant in favour of the respondent may be directed to be considered and adjudicated by the Executing Court in EX No.1769/2022 pending before the Executing Court by leaving open all contentions in this regard and present appeal may be disposed of accordingly.

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In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this appeal by issuing certain directions to the executing Court in this regard.

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In the result, I pass the following:

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ORDER

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i) The appeal is hereby disposed of without interfering with the impugned judgment and

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4 - NC: 2025:KHC:14864 RFA No. 2030 of 2022

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decree dated 15.07.2022 passed in O.S.No.6052/2021 by V Additional City Civil Courts, Bengaluru, in view of the appellant handing over the vacant possession of the suit schedule premises to the respondent on 26.09.2022.

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ii) All rival contentions between the parties as regard alleged arrears of rent payable by the appellant to the respondent as well as alleged advance amount to be refunded by the respondent to the appellant are kept open to be considered and adjudicated upon by the Executing Court in Ex.No.1769/2022 and no opinion is expressed on the same.

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iii) Executing Court is directed to dispose of the execution proceedings after hearing both sides within a period of six months from the date of receipt of copy of this order.

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iv) Registry is directed to refund the entire 100% of the Court fee paid on the memorandum of

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NC: 2025:KHC:14864 RFA No. 2030 of 2022

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appeal back to the appellant forthwith without any delay.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS List No.: 1 Sl No.: 65