- 1 - HC-KAR NC: 2025:KHC-D:8542-DB COMAP No. 100003 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND COMMERCIAL APPEAL NO.100003 OF 2024 BETWEEN: SMT. HEMAVATHI W/O. LATE SRINIVASULU, PROPRIETOR OF “DURGA PHOTO STUDIO”, AGED ABOUT 52 YEARS, OCC. CARRYING PHOTO STUDIO IN HER PREMISES OF QUESTION, PRESENTLY RESIDING AT NEAR ADARSHA SCHOOL, 1ST CROSS, BEHIND SIDDIVINAYAKA FOUNDATION HALL, GUGGARHATTI, BALLARI DISTRICT-583101. …APPELLANT (BY SRI. K. RAGHAVENDRA RAO, ADVOCATE AND SMT. V. VIDYA, ADVOCATE) AND: SMT. NAGARATNA W/O. LATE SRI. SANJAPPA, AGED ABOUT 56 YEARS, OCC. HOUSE WIFE, R/O. # 239/6, SURYA COLONY, 1ST FLOOR, NEAR NANDI SCHOOL, CANTONMENT, BALLARI TALUK AND DISTRICT-583101. …RESPONDENT (BY SRI. MD. ABRAS S., SR. COUNSEL FOR SRI. SABEEL AHMED, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVELY DEDICATED COMMERCIAL COURT) AT BALLARI IN COMMERCIAL O.S.NO.63/2022 DATED 27.01.2024 AND ALLOW THIS APPEAL WITH COSTS AND ETC., Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8542-DB COMAP No. 100003 of 2024 THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This appeal is filed at the hands of a tenant, being aggrieved of the impugned judgment and decree passed by the learned IV Addl. District and Sessions Judge (Commercial Court) at Ballari in Commercial O.S.No.63/2022 dated 27.01.2024. 2. During the course of the proceedings before this Court, certain suggestions were made by this Court and accordingly today an affidavit has been filed by the appellant putting the terms of compromise between the parties, in writing. It is stated by the appellant that she would undertake to vacate the premises and handover vacant possession of the suit schedule property to the respondent on or before 31.03.2026. It is stated that the - 3 - HC-KAR NC: 2025:KHC-D:8542-DB COMAP No. 100003 of 2024 appellant shall pay enhanced rent at the rate of Rs.27,000/- per month, regularly to the respondent, till the appellant vacates the premises. It is stated that the advance amount of Rs.2,25,000/- paid by the appellant to the respondent shall be adjusted towards arrears of rent. It is stated that the appellant undertakes not to sublet or create any third party rights over the suit schedule property. 3. However, learned counsel for the respondent submits that the appellant has not stated in the affidavit that the respondent is entitled for arrears of rent of Rs.3,06,000/-. To this, the learned counsel for the appellant submits in the presence of the appellant that the said amount of Rs.3,06,000/- has been deposited before the trial Court and the same has been invested in a bank. Learned counsel submits that the said amount may be withdrawn by the respondent herein. - 4 - HC-KAR NC: 2025:KHC-D:8542-DB COMAP No. 100003 of 2024 4. Insofar as the advance amount of Rs.2,25,000/- is concerned, both the learned counsels admit that since the appellant is in arrears of rent from October 2021 till the end of June 2022, the advance amount can be adjusted towards the arrears of rent for that period. 5. The appellant shall continue to pay the rents as agreed at the rate of Rs.27,000/- per month to the respondent till 31.03.2026 or any other date earlier if the appellant would vacate the premises. It is made clear that the appellant shall not remain in the premises after 31.03.2026. The appellant cannot avail of the benefit of the extension of time to stay in the premises, if the appellant violates any of the terms and conditions mentioned hereinabove. 6. In view of the settlement of the dispute between the parties, this appeal stands disposed of accordingly and office is directed to return the Court fee paid by the appellant along with memorandum of appeal. - 5 - HC-KAR NC: 2025:KHC-D:8542-DB COMAP No. 100003 of 2024 Needless to mention that the costs levied by the trial Court on the appellant herein stands waived off. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 23