Sri. K S Bhaskar Vs Sri B P Shyama Prasad

SRI. B.P. SHYAMA PRASAD S/O LATE SRI. B.R.PUTTANANJAPPA AGED ABOUT 74 YEARS RESIDING AT NO. 24 3^RD MAIN ROAD, SAKAMMA GARDEN BASAVANAGUDI BENGALURU - 560 004.

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SRI. ASHOK P. BHOOPALAM S/O LATE SRI. B.R. PUTTANANJAPPA AGED ABOUT 70 YEARS RESIDING AT NO. 29/C 3^RD MAIN ROAD, SAKAMMA GARDEN BASAVANAGUDI, BENGALURU - 560 004.

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NC: 2026:KHC:6516 RFA No. 943 of 2025

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SRI. CHIRANTH BHOOPALAM S/O BHOOPALAM P. SRINATH AGED ABOUT 34 YEARS RESIDING AT NO. 26, 3^RD MAIN ROAD SAKAMMA GARDEN, BASAVANAGUDI BENGALURU - 560 004.

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…RESPONDENTS

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(BY SRI. N. GOWTHAM RAGHUNATH, ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.01.2025 PASSED IN OS NO.1147/2023 ON THE FILE OF XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., PARTLY DECREEING THE SUIT FOR EJECTMENT AND ARREARS OF RENT AND DAMAGES.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL JUDGMENT

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This appeal was heard at considerable length and, when the matter stood reserved for judgment on merits, learned counsel appearing for the appellant/tenant, on

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NC: 2026:KHC:6516 RFA No. 943 of 2025

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specific instructions from his client, submitted that the appellant does not wish to protract the lis any further. It was fairly and unequivocally submitted that the appellant/tenant is willing to vacate and hand over vacant physical possession of the schedule property to the respondents/plaintiffs on or before 31.05.2026. Learned counsel further submitted that the appellant would file an undertaking by way of an affidavit to the said effect. The said submission is placed on record.

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In view of the aforesaid submission and having regard to the bona fide conduct demonstrated by the appellant/tenant, this Court deems it appropriate to accept the undertaking proposed to be filed. Accordingly, the appellant/tenant is directed to file an undertaking affidavit, inter alia , affirming that he shall hand over vacant physical possession of the schedule property on or before 31.05.2026, that he shall maintain the schedule property in good condition as it exists today, and that he shall not make any structural alterations, additions, or part with

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NC: 2026:KHC:6516 RFA No. 943 of 2025

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possession of the schedule property by way of sub-letting or otherwise, pending delivery of possession.

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The appellant/tenant shall also continue to pay damages for use and occupation. Taking note of the amicable resolution arrived at between the parties and the fair concession made by the appellant/tenant agreeing to vacate the premises within a stipulated time, this Court is inclined to modify the decree for damages fixed by the Trial Court. Accordingly, the damages of Rs.63,000/awarded by the Trial Court stand set aside and the appellant/tenant shall pay damages at the rate of Rs.50,000/- per month, without fail, on or before the 5th day of every calendar month, till delivery of vacant possession.

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This Court is satisfied that the arrangement arrived at balances the equities between the parties. While sufficient time is granted to the appellant/tenant to vacate the premises, the interest of the respondents/plaintiffs is

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adequately safeguarded by imposing conditions regarding payment of damages and preservation of the property.

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Accordingly, this Court proceeds to pass

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following:

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ORDER

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(i) The appeal is allowed in part.

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(ii) Judgment and decree dated 30.1.2025 passed in O.S.No.1147/2023 by the XIX Additional City Civil and Sessions Judge at Bengaluru City, stands modified.

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(iii) The appellant/defendant is granted time till 31.05.2026 to quit, vacate and hand over vacant physical possession of the schedule property to the respondents/plaintiffs.

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(iv) The appellant/defendant shall file an undertaking by way of an affidavit on or before 10.02.2026, after serving a copy of the same

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on the learned counsel appearing for the respondents/plaintiffs, undertaking to hand over vacant possession within the time granted and further undertaking that he shall maintain the schedule property in good condition, shall not make any alterations or additions, and shall not sub-let or part with possession of the schedule property till delivery of possession.

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(v) The appellant/defendant shall continue to pay damages for use and occupation at the rate of Rs.50,000/- per month, without default, on or before the 5th day of every calendar month, till the date of handing over vacant possession.

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(vi) In the event of default in payment of damages or breach of any of the conditions imposed herein, the respondents/plaintiffs are at liberty to enforce the decree in accordance with law, without reference to this Court.

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