- 1 - HC-KAR NC: 2026:KHC:27667 RFA No. 1402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1402 OF 2025 (EJE) BETWEEN: INDIAN OIL CORPORATION LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING SERVICE STATION AT PROPERTY BEARING SY NO.43/1, KHATA NO. 10, BYRASANDRA, UTTARAHALLI HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 029 REPRESENTED BY DIVISIONAL RETAIL HEAD MR. MAHESH S …APPELLANT (BY SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. DR. C. PARVATHI D/O. LATE M CHINNAIAH, AGED ABOUT 84 YEARS, RESIDING AT NO.9/1, 2ND CROSS, KARAGAPPA GARDEN, MISSION ROAD, SUBBIAH CIRCLE, BENGALURU - 560 027. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27667 RFA No. 1402 of 2025 2. SMT. M. MANJULA, DEALER OF IOC, AGED ABOUT 60 YEARS, WIFE LATE MOHAN KUMAR, PROPERTY BEARING SY NO.43/1, KHATA NO.40, BYRASANDRA, UTTARAHALLI HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 029. ALSO RESIDING AT NO. 605/8, RAJAJINAGAR 3RD BLOCK, BANGALORE - 560 010. …RESPONDENTS (BY SRI. NARAYAN M, ADVOCATE FOR R1; VIDE ORDER DATED 09.09.2025, NOTICE TO R2 IS DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.07.2024 PASSED IN OS.NO.8543/2019 ON THE FILE OF THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the respondents submits that the appeal has become infructuous, since the appellant has vacated - 3 - HC-KAR NC: 2026:KHC:27667 RFA No. 1402 of 2025 the premises and also the respondent has taken the possession on 16.06.2025. 2. Learned counsel for the appellant submits that though the appellant has vacated the premises, but still some materials are lying in the premises belonging to the appellant. Therefore, the appellant prays for 15 days time to remove the said materials lying in the premises. Therefore, the appellant is directed to remove whatever materials lying in the premises within a period of 15 days from today. 3. In view of the above submission, since, the appellant has vacated the premises and handed over the same to the respondents, therefore, the appeal has become infructuous. 4. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 16