- 1 - HC-KAR NC: 2025:KHC:45779-DB COMAP No. 492 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 492 OF 2025 BETWEEN: 1. MR RAVINDRA K R S/O RAJAN K.V, AGED ABOUT 43 YEARS, PARTNER/OWNER OF JEEVAN TOOL TECH. 2. MRS. SANDHYA RAVINDRA, W/O RAVINDRA K.R. AGED ABOUT 37 YEARS, BOTH ARE RESIDING AT : SHED NO.471/1A, CARVED OUT OF SY.NO.46, NELAGADARANAHALLI, IV PHASE, PEENYA INDUSTRIAL AREA, OPP TO M S RAMAIAH EDUCATION INSTITUTION BANGALORE-560058. …APPELLANTS (BY SRI. ANGAD KAMATH, ADVOCATE FOR SMT. RAMYA S., ADVOCATE) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45779-DB COMAP No. 492 of 2025 AND: 1. MRS. SUMANGALA A BURJI W/O ALLAMA PRABHU BURJI, AGED ABOUT 67 YEARS, RESIDING AT NO.588, 3RD CROSS, MAHALAKSHMI LAYOUT, BANGALORE 560086. …RESPONDENT (BY SRI. SHRIKARA P K, ADVOCATE FOR SRI SHIVA KUMAR N., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET-ASIDE THE JUDGMENT AND DECREE DATED 18.07.2025, IN COM.OS NO. 58/2025 ON THE FILE OF THE HONBLE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) AT BANGALORE (CCH 89) AND CONSEQUENTIALLY, DISMISS THE SAID SUIT TO SERVE THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel appearing to the appellants has filed an affidavit by way of undertaking that they will vacate the premises within a period of 6 months commencing from date i.e. 11.11.2025. - 3 - HC-KAR NC: 2025:KHC:45779-DB COMAP No. 492 of 2025 2. Further, the appellants shall also pay occupational charges of ` 50,000 (Rupees Fifty Thousand only) from the date of the judgment till handing over the vacant possession. 3. The learned counsel appearing for the respondent is agreeable for disposal of the present appeal in terms of the said undertaking. 4. The undertaking furnished by the appellants is accepted. The appellants are bound down to the terms as set out in the affidavit. 5. The present appeal is disposed of in view of the aforesaid undertaking. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE YKL List No.: 2 Sl No.: 16