Dismissed¶¶32

Sri Rakeshkumar Manoharlal v. A.S. Rajakumar

Karnataka HC18 Sept 2025RSA/956/2025

Case brief

AI extract

What is this about?

Regular Second Appeal dismissed — ejectment decree upheld; time till 31.07.2026 granted to vacate suit premises on condition of monthly payment of rents/mesne profits including GST; forfeiture of time and execution of ejectment decree on default; Section 100 CPC; Mandya courts; landlord-tenant / mesne profits / GST; Karnataka High Court 2025.

What did the court decide?

Appeal dismissed; time extended till 31.07.2026 for the appellant to vacate and hand over the suit schedule premises, subject to monthly payment of rents/mesne profits including GST before the 5th of the succeeding month; on default, respondent may execute the ejectment judgment and appellant forfeits the extended time; Office directed to pass modified decree accordingly. ¶¶32

Sri Rakeshkumar Manoharlal Vs A.S. Rajakumar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Regular Second Appeal filed under Section 100 CPC against the ejectment decree should be dismissed. +1 more

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Court's answer

The Regular Second Appeal is dismissed.

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Ratio / Principle

Taking note that all arrears of rent/mesne profits were cleared and that the appellant filed an affidavit requesting time till 31.07.2026, time is extended till 31.07.2026 for the appellant to vacate and hand over the suit schedule premises to the respondent/landlord without driving the respondent to file execution proceedings.

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Key takeaways

As a condition of the extended time, the appellant shall pay the rents/mesne profits of every month, before the 5th of the succeeding month, by receipt or bank transfer, including the GST amount, to the bank account of the respondent as and when it accrues.ratio¶¶34
In the event of violation/non-payment of the rents/mesne profits as and when they accrue, the respondent is at liberty to execute the judgment of ejectment and the appellant foregoes the time granted by this Court till 31.07.2026.ratio¶¶39

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), V Srishananda J., 18.09.2025 — RSA No. 956 of 2025 (EJE) under Section 100 CPC by tenant/appellant against the decree in O.S.No.684/2022 (ejectment, Additional Civil Judge and JMFC, Mandya, 14.08.2024) confirmed in R.A.No.32/2024 (Additional Senior Civil Judge and CJM, Mandya, 29.03.2025). Appeal dismissed. All arrears of rent/mesne profits having been cleared and an affidavit filed requesting time, the Court extended time till 31.07.2026 for vacating and handing over the suit schedule premises without recourse to execution, on condition that the appellant pays monthly rents/mesne profits including GST before the 5th of the succeeding month by receipt or bank transfer; on non-payment, the respondent/landlord may execute the ejectment judgment and the appellant forfeits the extended time; modified decree ordered.

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NC: 2025:KHC:37683 RSA No. 956 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.956 OF 2025 (EJE)

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BETWEEN:

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SRI RAKESHKUMAR MANOHARLAL SON OF P. MANOHARLAL, AGED 53 YEARS, R/O D.NO.662/1, SUBHASH NAGARA, MANDYA PIN 571 401

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…APPELLANT

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(BY SRI N.G.SREEDHAR, ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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A.S. RAJAKUMAR SON OF LATE A.S.RAJASHEKAR, AGED ABOUT 61 YEARS, R/O D.NO.1190, 2^ND CROSS, ASHOK NAGARA MANDYA PIN 571 401

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…RESPONDENT

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(BY SRI M.Y.SREENIVASAN, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 29.03.2025 PASSED IN R.A.No.32/2024 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.08.2024 PASSED IN O.S.NO.684/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, MANDYA.

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NC: 2025:KHC:37683 RSA No. 956 of 2025

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HC-KAR

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Heard Sri N.G. Sreedhar, learned counsel for the appellant and Sri Srinivasan M.Y., learned counsel for the respondent.

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Sri N.G. Sreedhar, learned counsel for the appellant would submit that appellant has paid the arrears of rent/mesne profits till the end of September 2025. He requests that reasonable time may be granted for vacating the suit schedule premises by finding an alternate accommodation.

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Sri M.Y. Sreenivasan, learned counsel for the respondent would oppose the said submission by contending that no business is carried on by the appellant in the suit premises and it is kept under lock and key. Therefore, fifteen days time may be granted as a last chance for the appellant to hand over the premises.

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Taking note of the fact that all the arrears of rents/mesne profit is cleared by the appellant and also an

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NC: 2025:KHC:37683 RSA No. 956 of 2025

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HC-KAR

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affidavit came to be filed, requesting time till 31.07.2026, it is just and necessary for this Court to extend the time for the appellant to vacate and hand over the suit schedule premises without driving the respondent/land lord for execution proceedings and also with a condition to pay arrears of rent as and when it accrues including the repair charges and GST amount would meet the ends of justice.

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Accordingly, the following order is passed:

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ORDER

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(i) Regular Second Appeal is dismissed.

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(ii) Placing the affidavit filed by the appellant on record, time is extended till 31.07.2026 for the appellant to vacate and hand over the suit schedule premises to the respondent/landlord without driving the respondent to file execution proceedings.

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(iii) Appellant shall undertake to pay the rents/mesne profits of every month, before 5^th of the succeeding month, under the receipt or bank transfer the amount of rents including

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NC: 2025:KHC:37683 RSA No. 956 of 2025

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HC-KAR

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the GST amount to the bank account of the respondent as and when it accrues.

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(iv) In the event of violation of the nonpayment of the rents/mesne profits by the appellant as and when it accrues, the respondent is at liberty to execute the judgment of ejectment and appellant foregoes the time granted by

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this Court till 31.07.2026.

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(v) Office to pass modified decree accordingly.

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Sd/(V SRISHANANDA) JUDGE

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Sri Rakeshkumar Manoharlal v. A.S. Rajakumar

Case brief

What is this about?

What did the court decide?

Sri Rakeshkumar Manoharlal v. A.S. Rajakumar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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