- 1 - NC: 2025:KHC:16434 RFA No. 490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.490 OF 2025 (RES) BETWEEN: SRI. MOHAMMED SALIM PASHA S/O LATE SARDAR PASHA AGEDABOUT 38 YEARS R/AT NO.466/1, EASTERN PORTION SHOP NO.2 AND 3 SITUATED ON 22ND CROSS JAYANAGARA BENGALURU – 560 011. …APPELLANT (BY SRI. MITHUN G A., ADVOCATE) AND: 1. SRI. V.O. AEJAZ AHMED AGED ABOUT 60 YEARS 2. MRS. V.O. AMEERUNISSA AGED ABOUT 58 YEARS 3. MRS. V.O. NASREEN TAJ AGED ABOUT 56 YEARS SRI V.O. MOHAMMED ASIF DIED BY HIS LRS 4. SMT. RUMANA ANJUM AGED ABOUT 43 YEARS W/O LATE V.O. MOHAMMED ASIF 5. MR. ASHAM ARIB AGED ABOUT 21 YEARS S/O LATE V.O. MOHAMMED ASIF Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16434 RFA No. 490 of 2025 6. MR. ASHAZ AARIZ AGED ABOUT 19 YEARS S/O LATE V.O. MOHAMMED ASIF 7. SRI V.O. MOHAMMED AFSAR AGED ABOUT 48 YEARS RESPONDENTS NOS.2 TO 7 ARE REPRESENTED BY ELDER BROTHER AND POWER OF ATTORNEY HOLDER SRI. V.O. AEJAZ AHMED RESPONDENT NO.1 HEREIN. ALL ARE CHILDREN OF LATE SRI. V.O. ABDULLA BASHA AND LATE SMT. M. KHURSHID BEGUM RESPONDENTS NO.1 TO 7 AND RESIDENTS OF NO.160, H.K.P. ROAD (BROADWAY), SHIVAJINAGAR BENGALURU – 560 051. …RESPONDENTS (BY SRI.M.A. HUMAYUM MIR KAAMRAN HUMAYUN, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.01.2025 PASSED IN O.S.NO.25902/2022 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU, DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.25902/2022 is directed against the impugned judgment and decree dated 16.01.2025 passed by XXVIII Addl. City Civil & Sessions Judge (CCH-29), Mayohall, Bengaluru, whereby the said suit filed by the - 3 - NC: 2025:KHC:16434 RFA No. 490 of 2025 respondents – plaintiffs against the appellant – defendant for eviction / ejectment and arrears of rent was decreed in favour of the respondents – plaintiffs against the appellant – defendant. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that respondents – plaintiffs instituted the aforesaid suit for eviction / ejectment and arrears of rent against the appellant – defendant, who filed their written statement, which was subsequently struck off for non-payment of arrears of rent, pursuant to which, respondent No.1 – plaintiff No.1 examined himself as PW1 and documentary evidence at Exhibits P1 to P7 were marked and the Trial Court proceeded to pass the impugned judgment and decree, the operative portion of which reads as under: “ORDER The suit of the plaintiffs is hereby decreed with costs. The defendant being tenant of suit schedule premises has to quit and deliver vacant possession of suit property to plaintiffs within one month from the date of decree. Failing which plaintiffs are at liberty to get vacant possession of suit schedule premises from defendant from following due process of law. - 4 - NC: 2025:KHC:16434 RFA No. 490 of 2025 The defendant is to pay arrears of rent to plaintiffs from 01.12.2019 at the rate of Rs.24,000/- per month along with interest at the rate of 6% per annum from 01.12.2019 till its actual realization. Draw decree accordingly.” 4. Aggrieved by the impugned judgment and decree insofar as it relates to decree for eviction as well as decree for arrears of rent, the appellant is before this Court by way of the present appeal. On 17.03.2025, this Court passed the following order: “Learned counsel for the appellant and learned counsel for the respondents jointly submit that the appellant has handed over vacant possession of the suit schedule premises (I floor) to the 1st respondent, who acknowledges the receipt of vacant possession of the suit schedule premises (I floor) from the appellant. It is made clear that the said handing over of suit schedule premises (I floor) by the appellant in favour of the respondents shall be without prejudice to the rights and contentions of the parties. Re-list on 01.04.2025 for admission.” 5. As can be seen from the aforesaid order passed by this Court during pendency of the present petition, the appellant has handed over vacant possession of the suit schedule premises to the respondents, who acknowledges that the appellant had handed over vacant possession of the premises to the - 5 - NC: 2025:KHC:16434 RFA No. 490 of 2025 respondents. A joint memo is also filed to that effect by the appellant as well as the respondents. In view of the aforesaid joint memo filed by the appellant and respondents and handing over vacant possession of the suit schedule premises by the appellant to the respondents, the impugned judgment and decree insofar as it relates to eviction / ejectment does not any longer survive for consideration and challenge to the same in the present appeal has been rendered infructuous. 6. Insofar as the impugned judgment and decree as regards arrears of rent payable by the appellant to the respondents is concerned, there is a dispute as regards the same between the appellant and the respondents, which necessarily has to be decided / adjudicated by the Executing Court in Ex.P.No.25063/2025. 7. Under these circumstances, the challenge to the impugned judgment and decree as regards alleged arrears of rent deserves to be disposed of by directing the Executing Court to decide the said issue after providing sufficient and reasonable opportunity to both sides and issuing certain directions. - 6 - NC: 2025:KHC:16434 RFA No. 490 of 2025 8. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned judgment and decree dated 16.01.2025 passed in O.S.No.25902/2022 by the XXVIII Addl. City Civil & Sessions Judge (CCH-29), Mayohall, Bengaluru, insofar as it relates to eviction / ejectment of the appellant from the suit schedule premises does not survive for consideration any longer in view of the appellant handing over the vacant possession of the suit schedule premises to the respondent on 17.03.2025. (iii) Insofar as the impugned judgment and decree in relation to the alleged arrears of rent payable by the appellant to the respondents is concerned, parties are relegated to get the same adjudicated before the Executing Court in Ex.P.No.25063/2025 which presently stands posted to 25.04.2025 (iv) The appellant as well as the respondents shall appear before the Executing Court on 25.04.2025. - 7 - NC: 2025:KHC:16434 RFA No. 490 of 2025 (v) The Executing Court before whom Ex.P.No.25063/2025 is pending shall decide the said issue after providing sufficient and reasonable opportunity to both sides, within a period of three months from the date of receipt of a copy of this order. (vi) Liberty is reserved in favour of both the parties to take return of their documents produced in O.S.No.25902/2022 and produce the same before the Executing Court. (vii) All rival contentions between the parties as regards only arrears of rent are kept open and no opinion is expressed on the same. (viii) Registry is directed to refund the entire Court fee paid on the Memorandum of Appeal back to the appellant forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 3