- 1 - HC-KAR NC: 2025:KHC:36334-DB RFA No. 964 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 964 OF 2023 (RES) BETWEEN: SRI. AMJAD KHAN S/O. AMEER KHAN, AGED ABOUT 51 YEARS, NO.57, DISPENSARY ROAD, PARALLEL TO COMMERCIAL STREET, BENGALURU-560 001. …APPELLANT (BY SRI. JANARDHANA G, ADVOCATE) AND: SMT. NIYARA SULTANA W/O. ZAHEER AHMED KHAN, AGED ABOUT 40 YEARS, NO.57, DISPENSARY ROAD, PARALLEL TO COMMERCIAL STREET, BENGALURU- 560 001. …RESPONDENT (BY SRI. MEHTER M AZZAM, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.03.2023 PASSED IN OS No.26738/2019 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, CITY CIVIL COURT, BENGALURU (CCH 75), Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36334-DB RFA No. 964 of 2023 PARTLY DECREEING THE SUIT FOR RECOVERY OF RENT, DAMAGES AND POSSESSION. 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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed against the judgment and decree dated 28.03.2023 passed in O.S.No.26738/2019 by the LXXIV Addl. City Civil and Sessions Judge, Bengaluru directing ejectment and recovery of possession by the appellant. 2. The learned counsel for the appellant submits that he will vacate the premises within eight weeks from today. It is further submitted that the admitted arrears of rent are only to the tune of Rs.4,00,000/-. 3. The learned counsel for the respondent submits that even though there are further arrears of rent, the respondent is ready to give up the claim with regard to the further arrears, if the amount of Rs.4,00,000/- is paid and - 3 - HC-KAR NC: 2025:KHC:36334-DB RFA No. 964 of 2023 vacant possession is handed over within eight weeks as stated in the memo. 4. In the above view of the matter, the memo filed by the learned counsel for the appellant is accepted. 5. The appeal is disposed of recording that the appellant will deliver the vacant possession of the suit schedule property within eight weeks from today i.e., on or before 07.11.2025. The amount of Rs.4,00,000/- that is admitted by the appellant as arrears of rent shall also be paid to the respondent within six weeks from today. In case the amount is paid as directed and vacant possession is handed over, the appeal will stand disposed of on those terms. Decree shall be drawn up accordingly. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV/List No.: 1 Sl No.: 4