- 1 - HC-KAR NC: 2025:KHC:52832-DB RFA No. 53 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 53 OF 2014 (RES) BETWEEN: HEALTH & GLOW RETAILING(P) LTD., (FORMERLY KNOW AS R.P.G.GUARDIAN PVT. LTD.), A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 WITH ITS REGISTERED OFFICE AT NO.740, GATE NO.2 EASHWARI INDUSTRIAL ESTATE HULIMAVU, BANNERGHATTA ROAD BANGALORE - 560 076 REP. BY GPA HOLDER AND LEGAL HEAD SRI. VENKATA SUBBAIAH M. …APPELLANT (BY SMT. SNEHA NAGARAJ., ADVOCATE) AND: SRI. SRINIVAS G. BHATTA S/O SESHAGIRI BHATTA AGED ABOUT 48 YEARS R/O NO.679, 6TH C CROSS 3RD PHASE, J.P. NAGAR BANGALORE - 560 078. …RESPONDENT (BY SRI. M.S. VARADARAJAN FOR C/RESPONDENT) - 2 - HC-KAR NC: 2025:KHC:52832-DB RFA No. 53 of 2014 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.10.2013 PASSED IN O.S.2976/2008 ON THE FILE OF X-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR EJECTMENT AND ARREARS OF RENT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, has been filed challenging the judgment and decree dated 21.10.2013 passed in Original Suit No.2976/2008 filed by the respondent/plaintiff for eviction of the appellant/defendant from the schedule premises bearing No.591, 24th Cross, II Stage, Banashankari, Bangalore-560070, measuring 1,950 Sq. Ft., situated on the ground floor as shown in the plaint schedule and for recovery of arrears of rent of ₹2,15,300/- including electricity and water charges. - 3 - HC-KAR NC: 2025:KHC:52832-DB RFA No. 53 of 2014 2. The learned trial Court by the impugned judgment and decree passed an order for eviction of the defendant from the suit schedule premises and for handing over the vacant peaceful possession to the plaintiff. The trial Court also directed the defendant to pay ₹2,15,300/- with interest at the rate of 10% from the date of suit till the date of realization as arrears of rent due in respect of the schedule property. 3. The learned counsel appearing for the defendant/ appellant as well as the plaintiff/respondent are unanimous in saying that the judgment and decree have been executed and nothing survives in this appeal for adjudication and therefore, we dismiss the appeal. 4. We have been informed that one appeal between the same parties against the judgment and decree passed by trial Court is pending in RFA No.1925/2021. The said appeal shall be examined independently. - 4 - HC-KAR NC: 2025:KHC:52832-DB RFA No. 53 of 2014 5. The dismissal of this appeal will not come on the way of the parties to urge any grounds available to them under law. 6. In view of the dismissal of the appeal, pending IAs, if any, are also disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE tsn* List No.: 1 Sl No.: 13 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA