- 1 - NC: 2025:KHC:9841 RSA No. 318 of 2024 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. 318 OF 2024 (RES) BETWEEN: SRI G T KUMAR AGED ABOUT 63 YEARS, S/O G A THIMMAPPAGOWDA R/AT 9TH CROSS, K R PURAM HASSAN 573 201 …APPELLANT (BY SRI. RAVISHANKAR A., ADVOCATE) AND: SRI BALAJI RAYAPPA AGED ABOUT 58 YEARS, R/AT P O BOX 57, POSTAL CODE 328, AI RUMAIS, SULTANTE OF OMAN REPRESENTED BY HIS GPA HOLDER, SRI. GIRISH SHIVAPRAKASH, AGED ABOUT 44 YEARS, S/O V S PRAKASH, R/AT FLAT NO. 102, SRADDHA FAIMONT D.NO. 828, 27TH MAIN, 2ND SECTOR , HSR LAYOUT, SOMASUNDARAPALYA BENGALURU 560 102 …RESPONDENT (BY SRI. K.S. GANESHA, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.01.2024 PASSED IN RA No.14/2023 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.12.2022 PASSED IN OS NO.722/2016 ON THE FILE OF V ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9841 RSA No. 318 of 2024 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellant has filed an affidavit of undertaking stating that, without prejudice to the rights of the parties in OS No.365/2023, on the file of Senior Civil Judge, Hassan, the appellant undertakes to vacate the suit schedule premises within a period of four years from today without forcing the plaintiff/respondent to initiate any further proceedings. The appellant undertakes to pay the arrears of rent, orally also. 2. Undertaking is placed on record. 3. As the appellant has undertaken to vacate the premises, nothing survives for consideration in this appeal and is, accordingly disposed of in the following terms : Four years time is granted to the appellant to vacate and hand over the suit schedule premises to the - 3 - NC: 2025:KHC:9841 RSA No. 318 of 2024 plaintiff/respondent without forcing him to initiate further proceedings. In case, the appellant commits any default in payment of rent, the respondent is at liberty to execute the impugned judgments. Office is directed to transfer the amount in deposit to the Executing Court in E.P.No.52/2023. In view of the disposal of the appeal, pending IAs, if any, do not survive for consideration and, are accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE rs