- 1 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.795 OF 2025 (RES) BETWEEN: SRI C R VIJAYA KESHAVA S/O SRI RAMASWAMY AGED ABOUT 60 YEARS R/O VAIKUNTA STREET BELUR TOWN, BELUR HASSAN DISTRICT 573 201 …APPELLANT (BY SRI. VINAYAKA B VISHNU BATTA, ADVOCATE) AND: M/S. ANTHILL DEVELOPERS PVT. LTD. REP. BY ITS MANAGING DIRECTOR SRI M. N. YATHISH KUMAR A COMPANY INCORPORATED UNDER THE COMPANY'S ACT 1956 HAVING ITS REGISTERED OFFICE AT Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 NO.6, GROUND FLOOR OPP. HIG233 1ST MAIN DOLLARS COLONY RMV 2ND STAGE BANGALORE 560094 …RESPONDENT (BY SRI. ABHISHEK GOWDA A.H., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.02.2025 PASSED IN OS.NO.14/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR, DECREEING THE SUIT FOR EVICTION AND ARREARS OF RENT AND DAMAGES. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 03.02.2025 passed in O.S. No.14/2023 by the Senior Civil Judge and JMFC at Belur. 2. During the pendency of this appeal, the appellant has filed an application under Section 151 of CPC, along with an affidavit of undertaking dated 29.11.2025. The affidavit of undertaking reads as under; "Affidavit of undertaking on behalf of Appellant "I, Sri. C.R Vijaya Keshava, Son of Sri. Ramaswamy, aged about 60 years, R/o Vaikunta Street, Belur Town, Belur, Hassan District 573201 do hereby solemnly affirm on oath as follows: 1. I state that I have filed an appeal challenging the impugned judgment and decree in OS No. 14/2023 passed by the Court of Senior Civil Judge and JMFC at Belur dated 03.02.2025 whereby, I was directed the pay arrears of rent, damages and was also directed to handover possession of the suit resort to the Respondent. 2. I state that, this Hon'ble Court by order dated 01.04.2025 had granted an interim order staying the operation of the judgment and decree. Thereafter, by order dated 15.04.2025, this Hon'ble Court directed me to deposit the arrears of a sum of Rs.36,53,500/- (Rupees Thirty-Six Lakhs Fifty-Three Thousand Five Hundred). - 4 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 3. I state that without prejudice to my rights, I hereby undertake to seek for a period of one and a half year to vacate the premises and have also agreed to pay the Respondent a sum of Rs.36,53,500/- towards arrears as claimed by the Respondents. Hence, in terms of the present affidavit, I undertake inter-alia the following if mutually agreed: a) I state that, the possession of the suit property shall be retained by me for a period of one and a half year and that, I will handover possession of the suit property on or before 01.06.2027 to the Respondent. After 01.06.2027, an extension of 6 month to hand over possession to the Respondent maybe granted if the same is mutually agreed by myself and the Respondent. b) I state that, I will pay a total sum of Rupees Twenty- Five Lakhs (Rs.36,53,500/-) towards arrears, damages and all other dues till date up to the month of November, 2025. In this regard, I have got a sum of Rupees 20,00,000/- (Rupees Twenty Lakhs only) by way of a Demand Draft bearing No. 000926 dated 25.11.2025, HDFC Bank in the name of the Respondent which I will handover to the Respondent before this Hon'ble Court. Further I state that, I have deposited a sum of Rs. 12,00,000/- and remitted the same to High Court of Karnataka, Bangalore by way of Demand Draft bearing No.001668 dated 26.06.2025, HDFC Bank. The remaining amount of Rs.4,53,500/- (Rupees Four Lakhs Fifty Three Thousand and Five Hundred only) will be paid to the Respondent on or before 25.12.2025. c) I state that, during the period commencing from the month of 1st Dec, 2025 till 1st June, 2027, I undertake to pay a sum of Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand) towards monthly rent on or before the tenth day of every month. 4. I state that, I will not violate afore stated undertaking and will abide by any orders as may be passed by this Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 5. I state that, the affidavit may be taken on record and the appeal may be disposed accordingly." 3. Learned counsel for the respondent submits that he has no objection to dispose of the appeal in terms of the affidavit undertaking filed by the respondent. 4. Learned counsel for the appellant and learned counsel for the respondent submits that in Clause 3(c) of the affidavit, the appellant has agreed to pay monthly rent at Rs.1,25,000/- commencing from 01.12.2025 till 01.06.2027. It is submitted that after filing of the affidavit and in further negotiation, the appellant has agreed to pay Rs.1,50,000/- instead of Rs.1,25,000/- for the aforesaid period. 5. Said submission is placed on record. 6. The appellant also undertakes to file an affidavit to that effect. Such an affidavit shall be filed within one week from today. 7. Learned counsel for the respondent acknowledges receipt of Rs.20,00,000/- from the appellant by way of demand draft, which is referred in Clause 3(b) of the affidavit. - 6 - HC-KAR NC: 2025:KHC:53507-DB RFA No. 795 of 2025 8. In view of the affidavit undertaking, the respondent is permitted to withdraw Rs.12,00,000/-, which is deposited before this Court by the appellant. 9. We have perused the affidavit undertaking. Same is accepted. Appeal is disposed of in terms of the affidavit undertaking filed by the appellant today. It is made clear that in the event of the appellant not adhering to the undertaking given before this Court by way of affidavit, the respondent is at liberty to execute the judgment and decree. In view of the aforesaid settlement, appellant is entitled for eligible Court fee. Registry shall take steps to refund the same to the appellant. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 46