- 1 - HC-KAR NC: 2025:KHC:27606-DB COMAP No. 355 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 355 OF 2025 BETWEEN: SRI P. NARENDRA JAIN, AGED ABOUT 52 YEARS, S/O LATE POOKRAJ, R/AT NO. 1214/8, 11TH CROSS, MODEL HOUSE, ITTIGEGU, MYSURU-10. CARRYING ON BUSINESS IN NEW NO.L-10, GROUND AND FIRST FLOOR, SITUATED AT KUMBARAGERI LASHKAR MOHALLA, MYSURU-570 001. …APPELLANT (BY SRI BHEEMAIAH K.S, ADVOCATE) AND: 1. SMT. S PARIMALA, W/O LATE C HONNAIAH, AGED ABOUT 57 YEARS. 2. DR. GANASHREE M H, D/O LATE HONNAIAH, AGED ABOUT 31 YEARS. BOTH ARE R/AT NO. 934, ASHOKA ROAD, 5TH CROSS, LASHKAR MOHALLA, MYSURU-570 001. …RESPONDENTS (BY SRI M.S PANICHETHAN, ADVOCATE FOR R-1 & 2) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27606-DB COMAP No. 355 of 2025 THIS COMAP IS FILED UNDER SECTION 131 (1-A) OF COMMERCIAL COURTS ACT 2015, PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE HON'BLE RIAL COURT/COMMERCIAL COURT AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MYSURE, IN COM.OS. NO.38/2024, AND SET-ASIDE THE JUDGMENT AND DECREE DATED 14.03.2025, PASSED BY THE COMMERCIAL COURT AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MYSURU, IN COM.OS.NO.38/2024, AND THEREBY DISMISS THE SUIT OF THE PLAINTIFFS AND PASS SUCH OTHER JUDGMENT AND DECREE OR ORDERS THAT THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTERST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 14.03.2025 passed by the Commercial Court in COM OS No.38/2024 [Smt. S. Parimala and another v. Sri. P. Narendra Jain]. 2. In terms of the impugned judgment, the learned Commercial Court has directed the appellant (defendant in the suit), to quit and deliver the subject premises within a - 3 - HC-KAR NC: 2025:KHC:27606-DB COMAP No. 355 of 2025 period of three months from the date of the order. In addition, the Court also held that the respondents are entitled to recover an amount of ₹2,04,000/- as arrears of rent from the appellant. 3. The hearing of the present appeal was taken up earlier today but was held over as the learned counsel for the parties had indicated that they wished to resolve the disputes amicably. They now report that the parties have resolved their disputes and the appellant will vacate the premises within a period of six months from date. The appellant will pay the amount of ₹2,04,000/- as decreed as well as monthly occupation charges at the rate of ₹17,000/- per month from the date of the impugned judgment and decree. The said amount shall be paid in advance before the 10th day of each calendar month. The parties are bound down to the terms as noted above. Since the appellant has settled the dispute at the outset, we consider it apposite to direct the registry to issue a certificate for refund of the Court fee. - 4 - HC-KAR NC: 2025:KHC:27606-DB COMAP No. 355 of 2025 4. The appeal is disposed of in the aforesaid terms. 5. Pending applications, if any, also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 21