- 1 - HC-KAR NC: 2025:KHC:32776 RSA No. 942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.942 OF 2025 (POS) BETWEEN: 1. MRS MARAGADA D/O LATE RAJAMANI AGED ABOUT 55 YEARS 2. MRS.SARASWATHI D/O LT RAJAMANI AGED ABOUT 56 YEARS 3. MRS.NEELA D/O LATE RAJAMANI AGED ABOUT 56 YEARS 4. MRS AMBHIKA D/O LATE RAJAMANI AGED ABOUT 52 YEARS 5. MRS KANAKA D/O LT RAJAMANI AGED ABOUT 50 YEARS 6. MR KALIYAPPA S/O LATE RAJAMANI AGED ABOUT 40 YEARS APPELLANTS 2 TO 6 HEREIN ARE REPRESENTED BY THEIR GPA HOLDER CUM SISTER MRS MARAGADAI E APPELLANT NO.1 HEREIN ALL THE APPELLANTS ARE RESIDING AT D.NO.132/WARD No.2 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32776 RSA No. 942 of 2025 JODUKATTE, SUREKHA NAGAR MIYAR VILLAGE KARKALA TALUK -574 104 …APPELLANTS (BY SRI SUNIL S NARAYAN, ADVOCATE) AND: SMT DHANALAXMI AGED 58 YEARS D/O LATE M N VARADARAJ R/AT ANANDA NAGAR KALIKAMBA TEMPLE ROAD KARIYAKALLU KARKALA TOWN AND TALUK 574104 …RESPONDENT (BY SMT. PRASANNA.K FOR SRI K CHANDRANATH ARIGA, ADVOCATES) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 02.06.2025 PASSED IN RA NO.12/2021 ON THE FILE OF THE SENIOR CIVL JUDGE AND ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.03.2021 PASSED IN O.S NO.192/2015 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:32776 RSA No. 942 of 2025 ORAL JUDGMENT Learned counsel for the appellants has filed Affidavit, signed by appellant No. 1, which reads as under. "I Smt.Maragada, D/o Late Rajamani, Aged about 49 years, R/at: D.No.132/Ward No.2, Jodukatte, Surekha Nagar, Miyar Village, Karkala Taluk - 574 104 do hereby state on oath as follows: 1. I am the Appellant No.1 in the above appeal and 1 am well acquainted with the facts of the case. Hence I am swearing to this affidavit personally and also on behalf of Appellant Nos.2 to 6 who are my brothers and sisters, as their GPA holder. 2. I say that myself and other appellants have preferred the above Regular Second Appeal against the Respondent herein against the Judgment and decree passed by Second Additional Civil Judge and JMFC, at Karkala in O.S No.192/2015 which is confirmed and modified by the Senior Civil Judge and ACJM at Karkala in R.A No.12/2021. 3. I submit that I hereby agree and undertake to quit and deliver he vacate possession of the suit schedule premises on 31/03/2026 and deliver its possession to the Respondent herein on 31/03/2026. I further undertake that, neither myself nor other Appellants will make any kind of claim/right/interest over the suit schedule property as well as against the Respondent herein. I do hereby state, verify and declare that what is stated in Para 1 to 3 hereinabove are all true to the best of my knowledge, belief and information.” - 4 - HC-KAR NC: 2025:KHC:32776 RSA No. 942 of 2025 2. Placing the affidavit on record, following order is passed. ORDER (i) Appeal stands dismissed. (ii) However, placing the affidavit filed by the first appellant, appellants are granted time till 31st March, 2026 to deliver the vacant possession of the suit property to the respondent without driving the respondent for execution proceedings. (iii) Office to pass modified decree appending the copy of the affidavit as part of the decree. Sd/- (V SRISHANANDA) JUDGE MR