- 1 - HC-KAR NC: 2025:KHC:47811 RSA No. 692 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.692 OF 2024 (POS) BETWEEN: 1. SRI. SAYYED ALTHAF S/O LATE SAYYED IQRAB AGED ABOUT 54 YEARS HAVING BUSINESS AT DOOR NO.5/3A MULKI BUSS STAND MULKI TOWN BAPPANAADU VILLAGE MANGALURU TALUK DAKSHINA KANNADA-574154 …APPELLANT (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. RATHNA M. SHETTY AGED ABOUT 87 YEARS, W/O MAHABALA SHETTY R/O MAHA RATHNA KARNAD MULKI, MANGALURU TALUK DAKSHINA KANNADA-574154. 2. MRS. SHABANA SAYEDA AGED ABOUT 45 YEARS D/O SAYED IKRAB R/AT FLAT NO.304 3RD FLOOR ADELPHIA APARTMENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47811 RSA No. 692 of 2024 BRITTO LANE, FALNIR MANGALURU - 575 001. …RESPONDENTS (BY SRI. SANATH KUMAR SHETTY, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 6.12.2023 PASSED IN R.A.NO.11/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI, D.K., PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.10.2017 PASSED IN O.S.NO.134/2012 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. Heard the learned counsel for the appellant and also the learned counsel for the respondents. 2. This second appeal is filed against the concurrent finding wherein the Trial Court is directed to hand over the vacant possession within 90 days and also directed to payment of rent of Rs.36,400/- and also directed to pay the rent of Rs.2,500/- per month by the Trial Court and the same is modified by the First Appellate Court at the rate of Rs.500/- as per the admitted rent. - 3 - HC-KAR NC: 2025:KHC:47811 RSA No. 692 of 2024 3. Now, the counsel appearing for the appellant submits that appellant is going to vacate the premises by the end of December-2025 and also submits that he is not going to seek any further time. 4. The learned counsel for the respondents is present and submits that the respondents are trying to get the possession from the year 1998 and this is the second round of litigation. However, taking into note of the material available on record and also the reasoning given by the Trial Court as well as the Appellate Court and the appellant is also in the premises from long period. It is appropriate to grant time till 31.12.2025 and made it clear that no further time will be granted in favour of the appellant. 5. The appellant also directed file an undertaking affidavit within one week from today that he is going to vacate the premises on or before 31.12.2025 by filing an undertaking affidavit and not to seek further time. - 4 - HC-KAR NC: 2025:KHC:47811 RSA No. 692 of 2024 6. The amount which is in deposit before the Trial Court can be adjusted towards the arrears of rent and if any less amount and remaining amount to be paid on or before 31.12.2025. Accordingly, the second appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 25