- 1 - NC: 2025:KHC:14864 RFA No. 2030 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2030 OF 2022 (EJE-) BETWEEN: Y. R. KALLESHWARI W/O LATE SRI Y. R. RAJESH, AGE ABOUT 40 YEARS, R/AT NO.775, RAILWAY STATION ROAD, NEAR YELAHANKA OLD TOWN, BUS STAND, YELAHANKA OLD TOWN, BENGALURU – 560 064. …APPELLANT (BY SMT. ANITHA S.M. PATIL, FOR SRI. M.G.GHORPADE PATIL & SRI. K.RAVISHANKAR, ADVOCATES) AND: SRI. SUDEEP KUMAR S., S/O LATE SAI ANANDA PRASAD, AGE ABOUT 43 YEARS, R/AT NO.1030 (238), 19TH ‘E’ MAIN ROAD, RAJAJINAGAR, 1ST ‘N’ BLOCK, BENGALURU – 560 010 …RESPONDENT (BY SRI. ARUN KUMAR D. N., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST JUDGMENT AND DECREE DATED 15.07.2022 PASSED IN O.S.NO.6052/2021 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14864 RFA No. 2030 of 2022 ORAL JUDGMENT This appeal by the defendant in O.S.No.6052/2021 is directed against the impugned judgment and decree dated 15.07.2022, whereby the said suit filed by respondent/plaintiff against the appellant/defendant for eviction/ejectment and recovery of arrears of rent, mesne profits, damages etc., sought for by the respondent/plaintiff was decreed in his favour against the appellant/defendant is hereunder: “The suit of the plaintiff is hereby decreed with cost. The defendant is directed to quit and deliver the vacant possession of the suit schedule property to the plaintiff within one month. It is hereby ordered and directed that the defendant is liable to pay the arrears of rent of Rs.1,50,000/- to the plaintiff. It is hereby ordered to hold a separate enquiry in regard to the mesne profits. Draw decree accordingly.” 2. Learned counsel for the appellant and learned counsel for respondent jointly submit that pursuant to the impugned - 3 - NC: 2025:KHC:14864 RFA No. 2030 of 2022 judgment and decree, the appellant has already vacated and handed over vacant possession of the suit schedule premises to the respondent on 26.09.2022. 3. Learned counsel for the appellant and respondent further jointly submit that the issue regarding alleged arrears of rent payable by the appellant in favour of the respondent and alleged repayment of the advance amount of Rs.2,00,000/- alleged to have been paid by the appellant in favour of the respondent may be directed to be considered and adjudicated by the Executing Court in EX No.1769/2022 pending before the Executing Court by leaving open all contentions in this regard and present appeal may be disposed of accordingly. 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this appeal by issuing certain directions to the executing Court in this regard. 5. In the result, I pass the following: ORDER i) The appeal is hereby disposed of without interfering with the impugned judgment and - 4 - NC: 2025:KHC:14864 RFA No. 2030 of 2022 decree dated 15.07.2022 passed in O.S.No.6052/2021 by V Additional City Civil Courts, Bengaluru, in view of the appellant handing over the vacant possession of the suit schedule premises to the respondent on 26.09.2022. ii) All rival contentions between the parties as regard alleged arrears of rent payable by the appellant to the respondent as well as alleged advance amount to be refunded by the respondent to the appellant are kept open to be considered and adjudicated upon by the Executing Court in Ex.No.1769/2022 and no opinion is expressed on the same. iii) Executing Court is directed to dispose of the execution proceedings after hearing both sides within a period of six months from the date of receipt of copy of this order. iv) Registry is directed to refund the entire 100% of the Court fee paid on the memorandum of - 5 - NC: 2025:KHC:14864 RFA No. 2030 of 2022 appeal back to the appellant forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 65