Sri C R Vijaya Keshava v. M/S Anthil Developers Pvt. Ltd.
Case brief
What is this about?
Karnataka High Court (DB), RFA No.795/2025 (RES) under S.96 CPC; impugned decree 03.02.2025, O.S.No.14/2023, Senior Civil Judge and JMFC, Belur — eviction with arrears and damages; appeal settled on affidavit of undertaking dated 29.11.2025 filed with S.151 CPC application; possession to be handed over by 01.06.2027 (+6 months if mutually agreed); arrears Rs.36,53,500/- (DD Rs.20,00,000/- acknowledged; Rs.12,00,000/- deposit released; balance Rs.4,53,500/- by 25.12.2025); monthly rent revised Rs.1,25,000/- to Rs.1,50,000/- (Dec 2025–Jun 2027); refund of eligible court fee; execution liberty to respondent on breach; parties: C R Vijaya Keshava v. Anthill Developers Pvt. Ltd.; bench: Anu Sivaraman & Vijaykumar A. Patil; no precedents cited.
What did the court decide?
Appeal disposed of on consent in terms of appellant's affidavit of undertaking dated 29.11.2025 (with revised rent recorded): possession of the suit resort to be handed over on or before 01.06.2027 (further 6-month extension if mutually agreed); arrears of Rs.36,53,500/- — Rs.20,00,000/- Demand Draft handed over and receipt acknowledged, Rs.12,00,000/- court deposit permitted to be withdrawn by the respondent, balance Rs.4,53,500/- payable on or before 25.12.2025; monthly rent revised from Rs.1,25,000/- to Rs.1,50,000/- for 01.12.2025 to 01.06.2027, confirming affidavit to be filed within one week; refund of eligible Court fee to the appellant; respondent free to execute the decree if the undertaking is breached.