- 1 - NC: 2025:KHC:10090 RSA No. 1699 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1699 OF 2017 (RES) BETWEEN: SRI. THANIYAPPA MOOLYA AGED ABOUT 62 YEARS S/O LATE SRI MARAPPA MOOLYA MARAPPA COMPOUND, BOLPUGUDDE KAVOOR, MANGALURU 575015 …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: SRI. BABU MOOLYA AGED ABOUT 68 YEARS S/O LATE SRI MARAPPA MOOLYA BOLPUGUDDE, KAVOOR MANGALURU 575015 …RESPONDENT (BY SRI. SACHIN B S FOR C/R., ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 3.08.2017 PASSED IN R.A.NO. 54/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10090 RSA No. 1699 of 2017 02.01.2016 PASSED IN OS.NO.762/2011 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC., MANGALURU D.K., 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 This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 03.08.2017 passed in RA No.54/2016 by the Learned II Addl. Civil Judge & JMFC & CJM, Mangaluru, D.K. and the judgment and decree dated 02.01.2016 passed in OS.No.762/2011 by the Learned II Addl. Civil Judge & JMFC Mangaluru, D.K. 2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellant was the defendant, and the respondents are the Lrs of the deceased plaintiff. - 3 - NC: 2025:KHC:10090 RSA No. 1699 of 2017 3. Brief facts, leading rise to the filing of this appeal are as follows: The plaintiff filed a suit against the defendant for possession and mesne profit. The Trial Court, after recording the evidence, and on the assessment of oral and documentary evidence, decreed the suit of the plaintiff vide judgment dated 02.01.2016 and directed the defendant to hand over the vacant possession of schedule 'B' property i.e., the house bearing door No.5-107, along with the land appurtenant thereto to the plaintiff within 60 days from the date of passing the judgment, and also directed the defendant to pay mesne profit at the rate of Rs.500/- per month from the date of suit till the actual delivery of the suit premises and appurtenant land thereto. 4. The defendant, aggrieved by the judgment and decree passed in O.S.No.762/2011, preferred an appeal in RA.No.54/2016 on the file of learned II Addl. Senior Civil Judge & CJM, Mangaluru, D.K. The Appellate Court, on re- - 4 - NC: 2025:KHC:10090 RSA No. 1699 of 2017 assessment of oral and documentary evidence, dismissed the appeal vide judgment dated 03.08.2017 and confirmed the judgment and decree passed in OS.No.762/2011. The defendant, aggrieved by the impugned judgments, filed this regular second appeal. 5. Learned counsel for the defendant/appellant after arguing the matter for some time, submits that, the defendant/appellant undertakes to vacate the suit 'B' schedule property within two years from 10.03.2025. The defendant/appellant has undertaken to vacate the premises on or before 10.03.2027 without giving the scope for the respondents/plaintiffs to file the execution petition. The undertaking affidavit is taken on record, and the appellant undertakes to vacate the premises on or before 10.03.2027. In view of the same, the question of answering the substantial questions of law does not survive for consideration. - 5 - NC: 2025:KHC:10090 RSA No. 1699 of 2017 Accordingly, the appeal is disposed of, in terms of the undertaking affidavit filed by the appellant herein, today. In view of disposal of the appeal, pending consideration of IA.No.1/2017 does not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SRK List No.: 1 Sl No.: 12