- 1 - HC-KAR NC: 2025:KHC:31356 RFA No. 2915 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.2915 OF 2024 (POS) BETWEEN: SRI KRISHNAPPA SINCE DEAD BY LEGAL REPRESENTATIVES, 1. UMESH .K S/O LATE KRISHNAPPA, AGED ABOUT 37 YEARS, 2. MEENA D/O LATE KRISHNAPPA, AGED ABOUT 39 YEARS, 3. SMT. GOWRAMMA W/O KRISHNAPPA, AGED ABOUT 60 YEARS, 4. SMT. SHASHIKALA D/O KRISHNAPPA, AGED ABOUT 35 YEARS, ALL ARE R/O NO.94, C/5, OUT HOUSE, JARAGANAHALLI, J.P. NAGAR, 6TH PHASE, BENGALURU-560 078. …APPELLANTS (BY SRI ASHOKA T., ADVOCATE) AND: SRI VEERABHADRAIAH S/O LATE EARAIAH, AGED ABOUT 75 YEARS, NO.94, C/5, JARAGANAHALLI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31356 RFA No. 2915 of 2024 J.P. NAGAR, 6TH PHASE, BENGALURU-560 078. …RESPONDENT (BY SRI RAVINDRA B.S., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.09.2024 PASSED IN O.S.NO.5885/2014 ON THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE HOLDING CON-CURRENT OF XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR POSSESSION AND DAMAGES. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Affidavit is filed by appellant No.1 (a) on his behalf and on behalf of other appellants, which reads as under: “I, Umesha.K, S/o. late Krishnappa, aged about 43 years, R/at 94, C/5, Jaraganahalli, J.P.Nagar, 6th Phase, Bengaluru-560078, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the Appellant No.1(a) in the above case. I know the facts of the case, hence I am swearing to this affidavit on behalf of myself and other appellants. we have agreed to the following terms. 2. I submit that, We undertake to vacate schedule B premises within 6 months from this day. - 3 - HC-KAR NC: 2025:KHC:31356 RFA No. 2915 of 2024 None of the appellants will contest the case. The respondent has undertaken waive off damages ordered in the suit. We undertake not to damage the schedule B premises. We undertake to handover vacant possession of schedule B property within 6 months. Whatever stated above is true and correct to the best of my knowledge, belief and information. Identified by me.” 2. Further, the appellants have undertaken that they would not damage the schedule ‘B’ premises and have undertaken to handover the vacant possession to the respondent on or before 14.02.2026. 3. Respondent has filed an affidavit, stating that he has agreed to waive off damages of Rs.3,000/- as ordered by the Trial Court in its judgment and decree dated 09.09.2024, which reads as under: “I, Veerabhadraiah S/o Late Earaiah, Aged about 75 years, R/at No.94, C/5, Jaraganahalli, J.P.Nagar, 6th Phase, Bengaluru 560078, do hereby solemnly affirm and state on oath as follows: - 4 - HC-KAR NC: 2025:KHC:31356 RFA No. 2915 of 2024 1. I submit that, I am respondent in the case, I know the facts of the case. I am swearing to this affidavit. 2. I submit that, the appellants have challenged the judgment and decree dated: 9.9.2024 passed in O.S.No.5885/2014 by the City Civil Court Bangalore wherein the trial court granted decree for possession and also ordered to pay Rs.3000/- as a damages from date of the suit till delivery of vacant possession of the schedule 'B' property. 3. I submit that, as the appellants have undertaken to vacate the possession of the property to me within in 6 months from this day by filing an affidavit before this Hon'ble Court. 4. I submit that, I have agreed and waived off damages of Rs.3000/- ordered by the court in Judgment and decree dated: 9.9.2024, in view of the undertaken and affidavit filed by the appellant before this Hon'ble court for vacating the property within six month. Wherefore, whatever stated above are true and correct to the best of my knowledge, information and belief.” - 5 - HC-KAR NC: 2025:KHC:31356 RFA No. 2915 of 2024 4. The respondent has agreed to waive off the damages of Rs.3,000/- awarded by the Trial Court in the judgment and decree dated 09.09.2024, subject to the appellants handing over vacant possession of the suit property on or before 14.02.2026. 5. The said affidavits are taken on record. 6. The undertakings furnished by the appellants and the waiver of damages by the respondent shall form part of this order and shall be binding on the parties. Accordingly, the regular first appeal stands disposed of in terms of the said undertakings. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 1