- 1 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1833 OF 2025 (EJE) C/W REGULAR FIRST APPEAL NO. 990 OF 2026 (INJ) IN RFA No. 1833/2025 BETWEEN: 1. SHREEHARSHA D S/O LATE. DEVAIAH AGED ABOUT 48 YEARS R/A. MARIYAPPANPALAYA 10TH MAIN ROAD R/A.17TH MAIN, GUTTE SRINAGAR BENGALURU – 560 050. …APPELLANT (BY SRI. LOKESH B, ADVOCATE) AND: 1. T M DAKSHINAMURTHY S/O LT. S. M. VISHWAMURTHY AGED ABOUT 74 YEARS R/A 19/5, 4TH MAIN ROAD, SRIKANTESHWARA LAYOUT MAHALAKSHMI LAYOUT BANGALORE – 560 086. …RESPONDENT (BY SRI. SUBAIR K M, ADVOCATE)(CP NO.15810/2025) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.03.2025 Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 PASSED IN OS.NO.6747/2022 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., IN RFA NO. 990/2026 BETWEEN: 1. ST LORD’S EDUCATIONAL TRUST (REG) HAVING ITS REGISTERED OFFICE AT MARIYAPPANPALAYA 10TH MAIN ROAD, BENGALURU – 560 050. REP. BY ITS MANAGING TRUSTEE SRI. HARSHA ...APPELLANT (BY SRI. LOKESH B, ADVOCATE) AND: 1. SHARABESHWARA VIDYA PEETA (REG) (A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIEITIES REGISTRATION ACT, 1960 REG. NO.S.NO.44/77-78 HAVING REGISTERED OFFICE AT VI WARD, BANDIMOTE, GUGARHATTI, BELLARY- REP BY IT VICE PRESIDENT S.M.SHIVANAGA, S/O S. M DAKSHINAMURTHY AGED ABOUT 40 YEARS R/A 195, 2ND FLOOR, 11TH CROSS, 5TH BLOCK, HBR TELECOM LAYOUT, KALYANAGAR, BANGALORE – 560 043. 2. THE REGISTRAR, THE RAJIV GHANDHI UNIVERSITY OF HEALTH 4TH T BLOCK, JAYANAGAR, - 3 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 BANGALORE – 560 041. 3. THE VICE CHANCELLOR, THE RAJIV GHANDHI UNIVERSITY OF HEALTH SCIENCE, 4TH T BLOCK, JAYANAGAR, BANGALORE – 560 041. ...RESPONDENTS (BY SRI. SUBAIR K M AND SRI. DHANUSH MENON, ADVOCATES) (C/R1 IN CP 9041/2026) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.04.2026 PASSED IN OS.NO.527/2023 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND ETC., THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The Regular First Appeal No.1833/2025 is filed by the appellant/defendant calling in question the judgment and decree dated 14.03.2025 passed in O.S.No.6747/2022 by the XII Additional City Civil and Sessions Judge at - 4 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 Bengaluru City (CCH-27)1, whereby the suit filed for ejectment is decreed. 2. The Regular First Appeal No.990/2026 is filed by defendant No.1-Trust calling in question the judgment and decree dated 09.04.2026 passed in O.S.No.527/2023 by the XXXIX Additional City Civil and Sessions Judge at Bengaluru City (CCH-40)2, whereby the suit filed for injunction is decreed. 3. The appellants do not want to contest the suit but prays time to vacate and hand over possession of the suit schedule property to the plaintiffs and for which prays for some reasonable time to hand over vacant possession of the property since the defendant No.1 is the Educational and Charitable Institution in RFA.No.990/2026 requires some time. 1 hereinafter referred to as ‘the Trial Court’ for short 2 hereinafter referred to as ‘the Trial Court’ for short - 5 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 4. The learned Senior Counsel Sri.Uday Holla, appearing for the appellants submitted that the defendant in O.S.6747/2022 and defendant No.1 in O.S.No.527/2023 will vacate the suit schedule property within a period of two years. His submission is placed on record. Therefore, the undertaking made by the defendant in this regard is placed on record subject to the condition that, the defendant in O.S.No.6747/2022 and defendant No.1 in O.S.No.527/2023 is granted two years time to vacate and hand over the possession to the plaintiffs from today and to deposit the entire arrears of rent amount and also to pay the rent now onwards with escalation of 10% on the agreed rent and the defendant is directed to file an affidavit undertaking within a period of four weeks from today. 5. The defendant No.1-Institution is permitted to run the school for a period of two years from today without any hindrance from respondents. The defendants shall not create any third party interest over the suit - 6 - HC-KAR NC: 2026:KHC:35258 RFA No. 1833 of 2025 C/W RFA No. 990 of 2026 schedule property. It is made clear that the defendant No.1-Institution shall not seek any further extension of time after lapse of two years. 6. The appellants are directed to deposit the arrears of rent amount and the respondents are permitted to receive the amount. Accordingly, both the appeals are disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 28