Dismissed¶38

Sri H Swamy v. Smt. Renu Tiwari

Karnataka HC5 Aug 2025RFA/2157/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No. 2157 of 2022 (POS); Justice K.S. Hemalekha; decided 05.08.2025; appeal dismissed as not pressed after respondent tenant vacated suit schedule premises and handed over vacant possession; refund of court fee directed; pending interlocutory application disposed; underlying suit OS No.966/2018 for possession and mesne profits dismissed on 21.06.2022; appeal filed under Section 96 CPC; appellants Sri H. Swamy and Sri Prashanth S.; respondent Smt. Renu Tiwari; advocate Sri Poonacha M U for appellants.

What did the court decide?

Refund of the court fee paid on the appeal to the appellant, in accordance with law. ¶38

Sri H Swamy Vs Smt. Renu Tiwari — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:30409 RFA No. 2157 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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REGULAR FIRST APPEAL NO. 2157 OF 2022 (POS)

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BETWEEN:

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SRI H. SWAMY S/O. LATE HANUMANTHAPPA AGED 68 YEARS,

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SRI PRASHANTH S., S/O. H. SWAMY AGED 39 YEARS,

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/AT No.84, 4^TH CROSS, CKC GARDEN LALBAGH ROAD CROSS, NEXT TO MY SCHOOL BUILDING BANGALORE - 560 027.

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…APPELLANTS

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(BY SRI. POONACHA M U., ADVOCATE)

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AND:

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SMT. RENU TIWARI D/O. JAI RAM PANDEY W/O. SACHINDRA NATH TIWARI

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2 - NC: 2025:KHC:30409 RFA No. 2157 of 2022

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HC-KAR

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MAJOR No.41, ANNIPURA 1^ST CROSS OPP. DOUBLE ROAD 2^ND FLOOR, SUDHAMANAGAR BANGALORE - 27,

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OFFICE ADDRESS

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M/S. VASUNDARA RESHMI MAHAL No.84, 4^TH CROSS CKC GARDEN LALBAGH ROAD CROSS NEXT TO MY SCHOOL BUILDING BANGALORE - 560 027.

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…RESPONDENT

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.06.2022 PASSED IN OS No.966/2018 ON THE FILE OF THE 17 ADDITIONAL CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR POSSESSION AND MESNE PROFITS.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:30409 RFA No. 2157 of 2022

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HC-KAR

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ORAL JUDGMENT

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In the light of the appearance of learned counsel for

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the appellants, listing the matter for dismissal would not arise.

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Learned counsel for the appellants has filed a memo dated 05.08.2025 which reads as under:

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"The above appeal may please be dismissed as not pressed in view of the fact that the Respondent Tenant has vacated the suit schedule premises and handed over vacant possession of the suit schedule premises.

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Due to the above reasons the appeal will not survive and the same may be dismissed as not pressed, hence, this Hon'ble Court please order refund of court fee paid in the above appeal in the interest of justice and equity."

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