- 1 - HC-KAR NC: 2025:KHC:41526 RFA No. 1056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1056 OF 2025 (EJE-) BETWEEN: SRI SENDIL KUMAR V. G., S/O THE LATE GOPAL, AGED ABOUT 43 YEARS, RESIDING AT NO. 13C, 4TH STREET, SHIVAJI ROAD CROSS, SHIVAJINAGAR, BENGALURU - 560 001. …APPELLANT (BY SRI. EUGENE PRABHU B., ADVOCATE) AND: SRI M. V. JAIKUMAR, S/O THE LATE M. VARADARAJ CHETTIAR, AGED ABOUT 55 YEARS, RESIDING AT NO. 38, FRUIT STREET, SHIVAJINAGAR, BENGALURU - 560 001 …RESPONDENT (BY SRI. JANARDHANA G., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.03.2025 PASSED IN OS.NO.25223/2021 ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU, DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41526 RFA No. 1056 of 2025 ORAL JUDGMENT This appeal by the defendant in O.S.No.25223/2021 is directed against the impugned judgment and decree dated 15.03.2025 passed by the IV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-21), whereby the said suit filed by the respondent-plaintiff against the appellant-defendant for ejectment/eviction and arrears of rent was decreed by the Trial Court in favour of the respondent-plaintiff against the appellant- defendant as herein under: “The suit of the plaintiff is decreed with costs. The defendant is directed to quit and deliver vacant possession of the suit schedule property in favour of the plaintiff within one month from the date of this order. The defendant shall pay the arrears of rent at the rate of Rs.15,000/- per month from November 2022 till the date of judgment after deducting any payment if made subsequently by filing a joint memo of calculation in the office. If the defendant fails to deliver vacant possession within one month from the date of judgment, the plaintiff is at liberty to file a petition for separate inquiry for mesne profit under O.XX Rule 12 of CPC. Draw Decree accordingly.” 2. Heard learned counsel for the appellant and learned counsel for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:41526 RFA No. 1056 of 2025 3. Learned counsel for the appellant and learned counsel for the respondent jointly submit that the respondent having instituted execution proceedings in Ex.No.25108/2025, pursuant to the impugned judgment and decree has taken actual and physical possession of the suit schedule property from the appellant- defendant on 25.09.2025 and the challenge to the impugned judgment and decree insofar as it relates to ejectment/eviction from the of the appellant from the suit schedule property does not survive any longer. 4. Learned counsel for the appellant and respondent further jointly submit that insofar as other claims of the appellant for security deposit/advance, alterations etc., carried out by the appellant and the claims of the respondent towards arrears of rent, other amounts, damages to the suit schedule property etc., may be kept open to be decided by the Executing Court in Ex.No.25108/2025, which currently stands posted on 04.11.2025. 5. In view of the aforesaid facts and circumstances and the rival submissions made by both sides and the undisputed fact that the respondent has already taken actual and physical possession of the suit schedule property from the appellant on - 4 - HC-KAR NC: 2025:KHC:41526 RFA No. 1056 of 2025 25.09.2025, I deem it just and appropriate to dispose of this appeal by modifying the impugned judgment and decree and by issuing certain directions in Ex.No.25108/2025, pending before the Executing Court. 6. In the result, I pass the following: ORDER (i) The Appeal is disposed of. (ii) The impugned judgment and decree dated 15.03.2025 passed in O.S.No.25223/2021 by the IV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, is hereby modified. (iii) The impugned judgment and decree insofar as it relates to directing the appellant to hand over vacant possession of the suit schedule property to the respondent does not survive any longer in view of the fact that the respondent has taken actual and physical possession of the suit schedule property on 25.09.2025. (iv) All rival/monetary claims between the appellant and respondent as noticed in the body of the order as - 5 - HC-KAR NC: 2025:KHC:41526 RFA No. 1056 of 2025 stated herein before are left open to be adjudicated upon and decided by the Trial Court after conducting necessary enquiry in this regard. (v) Liberty is reserved in favour of both parties to file pleadings, documents, oral evidence etc., before the Executing Court, who shall consider the same and dispose of the Ex.No.25108/2025, in accordance with law, as expeditiously as possible and at any rate, within 13.04.2026. (vi) Both parties are directed to co-operate with the Trial Court for expeditious disposal of Ex.No.25108/2025. (vii) All rival contentions on all aspects of the matter as noticed above are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 9