- 1 - HC-KAR NC: 2025:KHC:37006 RSA No. 703 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.703 OF 2024(INJ) BETWEEN: NASSEMA AGED ABOUT 50 YEARS W/O AHAMMAD R/A MALLARU VILLAGE UDUPI TQ AND DIST-572101 …APPELLANT (BY SRI K PRASANNA SHETTY, ADVOCATE) AND: SMT JAYANTHI SHERVEGAR AGED ABOUT 53 YEARS W/O RAMA SHERVEGAR R/A MALLARU VILLAGE UDUPI TQ AND DIST-572161 …RESPONDENT (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 27.02.2024 PASSED IN RA NO.27/2023 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, UDUPI., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.05.2023 PASSED IN OS NO.481/2017 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, UDUPI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37006 RSA No. 703 of 2024 ORAL JUDGMENT After addressing the arguments for some time, Sri K.Prasanna Shetty, learned counsel for the appellant files affidavit of the appellant which reads as under: “I, Naseema W/o Ahammad, Aged About 50 Years, R/A Mallaru Village, Udupi Tq and Dist-572101, today at Bangalore, do hereby solemnly affirms and state on oath as follows: 1. I state that t am the appellant in the above appeal. I know the facts and - circumstances of the case and hence deposing as hereunder: 2. I state that the above appeal is preferred by me against the judgment and decree dated 29.05.2023 passed in O.S.No.481/2017 by the court of Prl Civil Judge and JMFC, Udupi, and the judgment and decree dated 27.02.2024 passed in R.A.No.27/2023 passed by the court of II Additional Senior Civil Judge and ACJM, Udupi. 3. I state that I undertake to vacate the suit schedule property on or before 31st March of 2026 as agreed by me before this Hon'ble Court. Therefore I may be permitted to take my belongings/movables attached to the suit schedule property. I state that the contents urged in the above para No.1 to 3 are true to the best of my knowledge.” - 3 - HC-KAR NC: 2025:KHC:37006 RSA No. 703 of 2024 2. Copy of the affidavit is furnished to the counsel for the respondent. 3. Sri K.Shashikanth Prasad, learned counsel for the respondent has made an endorsement ‘no objection’ on the affidavit. 4. Placing the affidavit on record, appeal can be disposed of. 5. Hence, the following: ORDER (i) Appeal is dismissed. (ii) However, time is granted till 31st March 2026 to vacate and handover the suit property to the respondent, without driving the respondent to file execution proceedings. (iii) Office to pass decree appending copy of the affidavit as part of the decree. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 56