- 1 - HC-KAR NC: 2025:KHC:31423-DB COMAP No. 567 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 567 OF 2024 BETWEEN: 1. SMT P MALA AGED ABOUT 63 YEARS W/O SRI PRASANNA KUMAR OLD NO.184 (Q-110) NEW NO.11, 118, 119 AND 120 RANGASWAMY TEMPLE STREET CHICKPET, WARD NO.109 BENGALURU - 560 053 …APPELLANT (BY SRI. V B SHIVA KUMAR, ADVOCATE) AND: 1. SRI S SRINIVASA RAJU AGED ABOUT 58 YEARS S/O LATE K SAMPANGIRAMA RAJU NO.7, 4TH MAIN RAMMOHNPURAM BENGALURU - 560 001 NOW RESIDING AT NO.437 2ND FLOOR, 4TH MAIN, 8TH CROSS RMV EXTENSION, 2ND STAGE DOLLARS COLONY BENGALURU - 560 094 …RESPONDENT (BY SRI. K S CHANDRAHASA, ADVOCATE) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31423-DB COMAP No. 567 of 2024 THIS COMAP ID FILED UNDER SECTION 13 CHAPTER 4 OF THE COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.12.2024 PASSED BY THE HONBLE COURT OF LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (COMMERCIAL COURT) (CCH.NO.86) IN COM.O.S. NO.486/2023, PENDING CONSIDERATION AND DISPOSAL OF THE ABOVE APPEAL. THIS APPEAL, COMING ON FOR ADMISSION, 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. After some arguments, the learned counsel for the appellant submits that the appellant shall vacate the premises within a period of six months from date and shall also pay the rental at the rate of `50,000/- per month from the date of the impugned order till the date of vacating the premises. This payment would be without prejudice to the rights and contentions of the parties. But, the appellant-lessee's challenge to the impugned judgment would stand closed. - 3 - HC-KAR NC: 2025:KHC:31423-DB COMAP No. 567 of 2024 2. The appellant is bound down to the statement made on her behalf as recorded above. Let an undertaking in the form of an affidavit be furnished to this Court within a period of one week from date. 3. The appeal is disposed of in the aforesaid terms. 4. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB