- 1 - NC: 2025:KHC:13050 RSA No. 1599 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1599 OF 2024 (RES) BETWEEN: 1. SADASHIVASHETTY S/O LATE DODDAIAH SHETTY AGED ABOUT 60 YEARS R/O AT LAST CROSS SHANKARAPURA EXTENSION CHIKKAMAGALURU CITY-577 101. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. SANATH SEMITHA S/O SRI SHANKAR SEMITHA AGED ABOUT 56 YEARS R/O SEMITHA COMPOUND KOLAMBE VILLAGE KINNIKAMBKA POST MANGALURU TALUK AND DISTRICT-574 142. …RESPONDENT (BY SRI. SRINIVASA .K, ADVOCATE FOR C/R IN C.P.NO.20263/2024) THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.10.2024 PASSED IN RA NO.06/2023 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU, DISMISSING Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13050 RSA No. 1599 of 2024 THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.12.2022 PASSED IN OS NO.70/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT CHIKKAMAGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant filed an undertaking affidavit stating that the respondent filed a suit against the appellant seeking relief of eviction and for recovery of arrears of rent in O.S.No.70/2020. The said suit was decreed vide judgment dated 06.12.2022. The appellant aggrieved by the judgment and decree dated 06.12.2022, filed an appeal in R.A.No.6/2023. The said appeal was dismissed vide judgment dated 24.10.2024. It is stated that the suit premises is the commercial property measuring 160 sq.ft., on the ground floor of the building by the name Giri Lodge, I.G.Road, Chikkamagaluru, and undertakes to quit and hand over the vacant possession of the schedule premises within one year from today, that is on or before - 3 - NC: 2025:KHC:13050 RSA No. 1599 of 2024 27.03.2026, and agreed to pay the entire arrears of rent within a period of one week without any default. It is also stated that the appellant is liable to pay the mesne profits from the date of the suit till handing over the possession as per the undertaking. He also undertakes to pay the entire arrears of rent from the date of filing of the suit by excluding the rent paid by him, if any, before the trial Court and executing Court within one week. 2. Undertaking affidavit is accepted, and taken on record. 3. In view of the undertaking affidavit, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of. 4. It is made clear that if the appellant fails to pay the arrears of rent within three weeks from today, the appellant is not entitled to the benefit of this order. - 4 - NC: 2025:KHC:13050 RSA No. 1599 of 2024 In view of the disposal of the appeal, I.A.No.1/2024 does not survive for consideration, and is accordingly, disposed of. SD/- (ASHOK S.KINAGI) JUDGE SKS