- 1 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.136 OF 2024 (RO) C/W MISCELLANEOUS SECOND APPEAL NO.138 OF 2024 IN MSA No. 136/2024 BETWEEN: SRI HERE AMMANAVARA BASADI CONSISTING OF SRI SHATHINATHA THEERTHANKARA SWAMY AND SRI PADMAVATHI DEVI REP. BY ADMINISTRATOR SRI BHASKAR S KATTEMAR AGED ABOUT 84 YEARS ADVOCATE AND AGRICULTURIST BY OCCUPATION R/AT KATTEMAR, KALENJAR VILLAGE POST: KUPPE PADAVU -574162 MANGALURU TALUK, D K. …APPELLANT (BY SRI S. RAJASHEKHAR, FOR SRI K SHASHIKANTH PRASAD, ADVOCATES) AND: 1. MR. NARENDRA BALLAL AGED ABOUT 54 YEARS S/O LATE I VIJAYA KUMAR BALLAL. 2. SMT. SULOCHANA AGED ABOUT 85 YEARS W/O LATE I VIJAYA KUMAR BALLAL. SINCE DEAD RESPONDENT NOS.1, 3 TO 5 ARE Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 THE LRs AS PER ORDER DATED 03.07.2025 3. SMT. ANUPAMA BHARATH AGED ABOUT 51 YEARS W/O BHARATH KUMAR JAIN D/O LATE I VIJAYA KUMAR BALLAL 3RD FLOOR, SAPHIRE APARTMENTS NEAR MORE DEPARTMENTAL STORES BEJAI CHRUCH ROAD MANGALURU 575004. 4. SMT. NIRUPAMA AJAY AGED ABOUT 49 YEARS W/O AJAY D/O LATE I VIJAY KUMAR BALLAL 5. SRI I JITHENDRA BALAL AGED ABOUT 46 YEARS S/O LATE I VIJAYA KUMAR BALLAL RESPONDENT NOS.1, 2, 4 AND 5 ARE R/AT SANGEETHA NEAR SHRI HERE AMMANAVARA BASADI BETKERI MOODBIDRI – 574227. …RESPONDENTS (BY SRI K. CHANDRANATH ARIGA K, ADVOCATE FOR R1; R3 AND R4 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 22.08.2025, NOTICE TO R5 IS HELD SUFFICIENT; VIDE ORDER DATED 03.07.2025, R1, R3 TO R5 ARE LRS OF DECEASED R2) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT DATED 25.04.2024 PASSED IN R.A.No.100/2023 ON THE FILE OF IV SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 21.11.2020 PASSED IN OS NO.88/2011 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI., PARTLY DECREEING THE SUIT - 3 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 POSSESSION, PRESENT AND FUTURE MESNE PROFITS AND THE SUIT IS REMANDED TO TRIAL COURT WITH A DIRECTION TO READMIT THE SUIT. IN MSA NO. 138/2024 BETWEEN: SRI. HERE AMMANAVARA BASADI CONSISTING OF SRI SHATHINATHA THEERTHANKARA SWAMY AND SRI PADMAVATHI DEVI REP BY ADMINISTRATOR SRI BHASKAR S KATEMAR AGED ABOUT 84 YEARS ADVOCATE AND AGRICULTURIST BY OCCUPATION R/AT KATTEMAR KALENJAR VILLAGE POST: KUPPE PADAVU 574162 MANGALURU TALUK D.K. ...APPELLANT (BY SRI. S RAJASHEKHAR FOR SRI. K SHASHIKANTH PRASAD., ADVOCATES) AND: 1. SRI. BHARATH SHETTY S/O LATE K LAXMIDHARA SHETTY AGED ABOUT 53 YEARS 2. SRI. CHANDRAPRABHA SHETTY @ BABANNA S/O LATE K LAXMIDHARA SHETTY AGED ABOUT 51 YEARS R/AT DOOR NO 6-48 3. SMT. SHANTHAMMA S/O LATE K LAXMIDHARA SHETTY - 4 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 AGED ABOUT 75 YEARS ALL ARE R/AT DOOR NO 6-48 OPP. TO SHRI HERE AMMANAVARA BASADI BETKERI, MOODBIDRI – 574227. ...RESPONDENTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE FOR R1; R2 & R3 ARE SERVED AND UNREPRESENTED) THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2024 PASSED IN RA No.108/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BOODBIDRI.D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.11.2020 PASSED IN O.S.NO.87/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI, PARTLY DECREEING SUIT FOR POSSESSION AND MESNE PROFITS. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Sri K. Shashikanth Prasad, learned counsel for the appellant and Sri Chandranath Ariga K., learned counsel for the respondent No.1 have jointly filed a memo signed by them. 2. Contents of the joint memos in MSA Nos.136/2024 and MSA No.138/2024 read as under: - 5 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 JOINT MEMO IN MSA NO.136/2024 “ The appellant and respondent No.1 respectfully submits as under, 1. The respondent No.1 will vacate and hand over the key of the schedule premises on 25.09.2025 in the court of the Civil Judge and JMFC, Moodabidri. 2. The appellant hereby states that it will not claim any arrears of rent & mense profits from the respondent No.1. 3. The appellant hereby states that it has no other claim against the respondent No.1. JOINT MEMO IN MSA NO.138/2024 “ The appellant and respondent No.1 respectfully submits as under, 1. The respondent No.1 will vacate and hand over the key of the schedule premises on 08.10.2025 in the court of the Civil Judge and JMFC, Moodabidri. 2. The appellant hereby states that it will not claim any arrears of rent & mense profits from the respondent No.1. - 6 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 3. The appellant hereby states that it has no other claim against the respondent No.1. 3. Joint memos are signed by respective counsels. Decision to file joint memos in both the appeals by the respective counsels is in consultation with the parties and they submit that parties have voluntarily agreed to file the joint memos and requesting the Court to dispose of the appeals, placing the joint memos on record. 4. Hence, the appeals need to be disposed of, placing the joint memos on record. 5. Accordingly, the following: ORDER (i) Placing the joint memos on record, MSA Nos.136/2024 and 138/2024 are stand disposed of. (ii) Office is directed to pass modified decree in terms of the joint memos appending the copies of the joint memos as part of the decree. - 7 - HC-KAR NC: 2025:KHC:37820 MSA No. 136 of 2024 C/W MSA No. 138 of 2024 (iii) It is made clear that if any one of the parties do not adhere to the contents of the joint memos, decree of the trial Court shall be executed in accordance with law. Sd/- (V SRISHANANDA) JUDGE MR