- 1 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.752 OF 2022 (EJE) BETWEEN: SMT. SYED SHAHI PASHA, SINCE DEAD BY LRs. 1. SMT. SHARFUNNISA W/O LATE SADIQ PASHA, AGED ABOUT 73 YEARS, 2. KUM. SYEDA HUMERUNNISA, D/O LATE SADIQ PASHA, AGED ABOUT 34 YEARS, 3. SRI SYED SHUJAATH PASHA S/O LATE SADIQ PASHA, AGED ABOUT 49 YEARS, 4. SRI SYED SAJJAD PASHA S/O LATE SADIQ PASHA, AGED ABOUT 53 YEARS, APPELLANTS 1 TO 4 ARE ALL RESIDING AT NO.15/6, 1ST FLOOR, DR. UMAR SHARIF ROAD, BASAVANAGUDI, BENGALURU-560 004. …APPELLANTS (BY SRI VIVEK REDDY, SENIOR ADVOCATE FOR SRI ANANDA K., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 AND: SRI NOOR AHMED MECCAI, SINCE DEAD BY LRs. 1. SMT. NISHANTH FATHIMA W/O LATE NOOR AHMED MECCAI, AGED ABOUT 70 YEARS, 2. SMT. AYESHA TAZEEM W/O MOHAMMED FAROOQUALLA KHAN, AGED ABOUT 42 YEARS, 3. SRI FAHAD AHMED MECCAI S/O LATE NOOR AHMED MECCAI, AGED ABOUT 33 YEARS, RESPONDENTS 1 TO 3 ARE ALL R/AT NO.15/6, GROUND FLOOR, DR. UMAR SHARIF ROAD, BASAVANAGUDI, BENGLAURU-560 004. …RESPONDENTS (BY SMT. RAJESHWARI M., ADVOCATE, FOR R-1 TO R-3) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED 26.11.2021 PASSED IN O.S.NO.2540/2014 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Joint affidavit is filed by Syed Shajjad Pasha- appellant No.4 on his own behalf and on behalf of appellant Nos.2 and 3 and by Fahad Ahmed Meccai, the third respondent on his own behalf and on behalf of respondents 1 and 2. 2. The parties present before the Court, namely, appellant No.4 and respondent Nos.1 and 3 have affirmed the contents of the joint affidavit and confirmed that the settlement has been entered into voluntarily and without coercion or undue influence. The terms of the joint affidavit reads as under: “1. I submit that, I am the 3rd Respondent in the above Appeal. The Respondents No.1 & 2 have authorized me to swear to this affidavit on their behalf also. 2. I submit that, I am the 4th Appellant in the above Appeal. The appellants No.2 & 3 have - 4 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 authorized me to swear to this affidavit on their behalf also. 3. I submit that, the Respondents granted 1 years 6 months time to vacate and hand over the vacant possession of the schedule premises i.e., on or before 02.04.2027. We undertake to vacate and hand over the vacant possession of the schedule premises on or before 02.04.2027 without giving room to the Respondents to file Execution Petition and to take the vacant possession of the schedule premises, without seeking extension of time on the ground of pendency/result of the suit in O.S.No.1704/2023. 4. I submit that, we continued to pay the admitted rent of Rs.10,000/- per month regularly to the Respondents. (Ten Thousand only) on or before 10th of every month. 5. We, the Respondents agree to restore the water connection to the schedule premises which was disconnected and permit the Appellant to carry on the minor repairs in respect of the schedule water connection. We, the Respondents undertake not to disturb the water connection in respect of the schedule premises. In case if any disturbance caused by us in respect of water connection the - 5 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 Appellants are at liberty to take action against us. The Appellants will share the water bill.” 3. The joint affidavit is taken on record. The regular first appeal stands disposed of in terms of the joint affidavit. 4. The appellants shall file an undertaking affidavit before this Court within a period of one week on following terms: i. The appellants will hand over the vacant possession of the schedule premises on or before 02.04.2027 without dragging the respondents-landlord to file execution petition and without seeking further extension of time on the ground of pendency/result of the suit O.S No. 1704/2023. ii. The appellants shall pay rent at Rs.10,000/- per month to the respondents on or before 10th of every month. - 6 - HC-KAR NC: 2025:KHC:34377 RFA No. 752 of 2022 iii. The appellants shall not create any third party rights in respect of the suit property. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 73