- 1 - HC-KAR NC: 2025:KHC:49400-DB R.F.A. No.2434/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2434/2025 (EJE) BETWEEN: SRI. BABU S/O LATE MARIYAPPA AGED ABOUT 55 YEARS R/AT NO.3674, 8TH MAIN 9TH CROSS, KUMARSWAMY LAYOUT 2ND STAGE, BENGALURU 560078 PH 9482073057. …APPELLANT (BY SMT. SANGEETHA T.H. ADV., FOR SRI. V. RAVI PRAKASH, ADV.,) AND: MRS. KHURSHEEDUNNISSA W/O LATE A.R. RASHEED AGED ABOUT 82 YEARS R/AT NO.959, 8TH A MAIN PRAKASH NAGAR, BENGALURU 560021. …RESPONDENT (BY SMT. BHAVANA N. PATIL, ADV., FOR SRI. P.S. MALIPATIL, ADV., FOR C/R) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS IN O.S.NO.26490/2019 ON THE FILE OF THE HON'BLE XXVIII ADDL. CITY CIVIL & SESSIONS JUDGE, MAYO HALL AT BENGALURU (CCH-29). SET ASIDE THE JUDGMENT AND DECREE DATED 02.09.2025 PASSED BY THE HON'BLE XXVIII ADDL. CITY CIVIL & SESSIONS JUDGE, MAYO HALL AT Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:49400-DB R.F.A. No.2434/2025 BENGALURU (CCH-29) IN O.S.NO.26490/2019 AND CONSEQUENTLY DISMISS THE SUIT FILED BY THE PLAINTIFF AND FURTHER NECESSARY ORDERS MAY KINDLY BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed under Section 96 read with Order XLVII Rule 1 of CPC challenging the judgment and decree dated 02.09.2025 passed in O.S.No.26490/2019 by the XXVIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru. 2. During the pendency of the proceedings and after arguing the matter for quite some time, learned counsel for the appellant submitted that the appellant would file an affidavit undertaking indicating the timeline within which he would vacate the premises. 3. The said proposal was accepted by respondent and matter was adjourned. - 3 - HC-KAR NC: 2025:KHC:49400-DB R.F.A. No.2434/2025 4. The appellant has filed an affidavit undertaking on 19.11.2025. The affidavit undertaking reads as under: "UNDERTAKING AFFIDAVIT I, Sri Babu, S/o Late Mariyappa, aged about 55 years, R/at:- No 3674, 8th main, 9th cross, Kumarswamy Layout, 2nd stage, Bengaluru-560 078 do hereby solemnly affirm and state on oath as follows - 1. I state that I am the Appellant in the above appeal, and I am fully conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I state that the averments made in the memorandum of appeal may kindly be read as part and parcel of this Affidavit. 3. I submit that I have filed the above appeal praying this Hon'ble court to set aside the judgement and decree dated 2/9/2025 passed by the Hon'ble XXVIII Addl. City Civil & Sessions Judge, Mayo Hall at Bengaluru (CCH-29) in O.S No.26490/2019, and consequently dismiss the suit filed by the plaintiff for ejectment of me from suit schedule property. 4. I submit that I hereby undertake that I will quit and vacate the suit schedule property on or before 31/5/2026 and handover the possession to plaintiff without their being any delay. That under these circumstances the undertaking affidavit may kindly be taken on record and necessary orders be passed to meet the ends of justice." 5. Learned counsel for the respondent submits that they have no objection to dispose of the appeal by - 4 - HC-KAR NC: 2025:KHC:49400-DB R.F.A. No.2434/2025 recording the aforesaid undertaking. It is submitted that the appellant be put on terms that he should not seek extension of time after 31.05.2026. 6. The said submission is placed on record. 7. Learned counsel for the appellant submits that they would not seek any further extension of time. 8. In view of the aforesaid affidavit undertaking, the appeal is disposed of by recording the undertaking of the appellant that the appellant would vacate the suit schedule property on or before 31.05.2026. Registry shall draw the decree accordingly. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 7