The President Vs Sri Thakranaika — Karnataka HC (2026) — LawSathi Research

The President Vs Sri Thakranaika — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:34922 RSA No. 860 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.860 OF 2026 (DEC/INJ)

BETWEEN:

THE PRESIDENT

SRI SEVABAYA VIDYA SAMSTE, REGD, CHIKKABASURU TANDA, HONNALLI TALUK, DAVANGERE DISTRICT -586128

THE SECRETARY,

SRI SEVABAYA VIDYA SAMSTE, REGD, CHIKKABASURU TANDA, HONNALLI TALUK, DAVANAGERE DISTRICT - 586 128.

…APPELLANTS

(BY SRI. M.V.HIREMATH, ADVOCATE)

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

AND:

SRI THAKRANAIKA S/O LATE SRI LACHMANAIKA, AGED ABOUT 81 YEARS, R/O UJJANIPURA VILLAGE, HONNALLI TALUK, DAVANAGERE DISTRICT - 586 128.

…RESPONDENT

(BY SRI P.N.HARISH, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 05.03.2026 PASSED IN R.A No.87/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, SITTING

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NC: 2026:KHC:34922 RSA No. 860 of 2026

HC-KAR

AT HONNALI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.11.2024 PASSED IN O.S No.180/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HONNALI.

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

ORAL JUDGMENT

After addressing the arguments for some time, an affidavit is filed by the Secretary of the appellant-Sri Sevabaya Vidya Samste.

2. Contents of the affidavit reads as under:

“I Sri Jayanaik, S/o Chandya Naik, aged abut 68 years, residing at Chikkabasuru Tanda, Benakanahalli Post, Honnali Taluk, Davanagere District-577 224 and Secretary of Sri Sevabaya Vidya Samste (Regd.) having office at Chikkabasuru Tanda, Benakanahalli Post, Honnali Taluk, Davanagere District-577 224 do hereby solemnly state and affirm on oath as follows:

1. I am the appellant No.2 in the above case, being conversant with the Facts of the case which are utmost necessary for disposal of the present the case and having authorized by the appellant No.1, swear into this affidavit.

2. I state that we have filed the above appeal against the judgment and decree dated 05.03.2026

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NC: 2026:KHC:34922 RSA No. 860 of 2026

HC-KAR

passed by the Senior Civil Judge and JMFC, Harihar, sitting at Honnali, in R.A.No.87/2024 and consequential judgment and decree dated 20.11.2024 passed by the Additional Civil Judge and JMFC, Honnali, in O.S. No.180/2010.

3. I stat that we are prepared to vacate the schedule B and C properties by 31.05.2027.

Whatever I stated above is true and correct to the best of knowledge, information and my belief.”

3. Placing the affidavit on record, the following:

ORDER

(i) Appeal is dismissed .

(ii) Time is granted to vacate the suit property till 31.05.2027 .

(iii) Appellant shall voluntarily vacate the suit property on or before 31.05.2027 without driving the Decree Holder to execute decree.

Ordered accordingly.

Sd/-

(V SRISHANANDA)

JUDGE

kcm List No.: 1 Sl No.: 92