- 1 - NC: 2025:KHC:10843 RSA No. 107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 107 OF 2025 (RES) BETWEEN: SRI. CHAMARAJU S/O CHAMUNDANAIKA, AGED ABOUT 51 YEARS, R/AT HULLAHALLI VILLAGE, HULLAHALLI HOBLI, NANJANGUD TALUK. MYSURU DISTRICT-571314 ...APPELLANT (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED, HULLAHALLI VILLAGE, HULLAHALLI HOBLI, NANJANGUD TALUK MYSURU DISTRICT-571314 ...RESPONDENT (BY SRI. SUNIL S. RAO., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.12.2024 PASSED IN RA.NO. 36/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.02.2024 PASSED IN OS.NO.76/2021 ON THE FILE OF THE PRL CIVIL JUDGE AND JMFC, NANJANGUD Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10843 RSA No. 107 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the parties submits that, the parties have settled the matter, and the appellant has agreed to vacate the suit schedule property on or before 30.09.2025, and the appellant has also filed an affidavit of undertaking to vacate the suit premises on or before 30.09.2025. 2. Affidavit of undertaking is taken on record. 3. In view of the settlement between the parties, the appeal is disposed of in terms of the affidavit. 4. The office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fee and Suit Valuation Act, 1956. In view of the disposal of the appeal, IA No.1/2025 does not survive for consideration and is accordingly, disposed of. - 3 - NC: 2025:KHC:10843 RSA No. 107 of 2025 Learned counsel for the appellant, on instructions, undertakes to pay the entire arrears of rent, if any, as on today, within a period of 15 days from today, undertaking is placed on record. If the appellant fails to pay the arrears of rent if any, the appellant will not be entitled for the benefit of this order. Sd/- (ASHOK S.KINAGI) JUDGE rs