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2026 DAILYLAW 32350 (KAR)

SRI. JANARDHANA v. SRI. SEETHARAMA NAIK

RSA/1099/2026 · 2026-08-17

V Srishananda

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010439952026 NC: 2026:KHC:44031 RSA No. 1099 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1099 OF 2026 (RES) BETWEEN: SRI. JANARDHANA S/O. SRI PODIYA AGED ABOUT 43 YEARS, RESIDING AT KODANGE HOUSE, KOKKADA VILLAGE, BELTHANGADY TALUK, D.K. -574198 …APPELLANT (BY SRI. Y K NARAYANA SHARMA, ADVOCATE) AND: SRI. SEETHARAMA NAIK S/O. SRI BABU NAIK, AGED ABOUT 70 YEARS, RESIDING AT ELLUGADDE HOUSE, KOKKADA VILLAGE, BELTHANGADY TALUK, D.K. -574198 …RESPONDENT (BY SRI. JITHIN JEIJO, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 1.04.2026 PASSED IN RA NO.24/2025 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 2.09.2025 PASSED IN O.S.NO.291/2023 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, BELTHANGADY. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010439952026 NC: 2026:KHC:44031 RSA No. 1099 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Memo of calculation filed by the counsel for appellant is not disputed by the respondent. 2. Heard Sri Y.K. Narayan Sharma, learned counsel for the appellant and Sri Jithin Jeijo, learned counsel for the respondent. 3. Defendant is the appellant challenging the judgment of the Trial Court, confirmed by the First Appellate Court ordering the ejection of the appellant from the suit schedule property. 4. This Court does not find merits in any one of the grounds urged in the appeal memorandum or the substantial questions of law. 5. As such, following: ORDER (i) Appeal is dismissed. - 3 - HC-KAR CNR: KAHC010439952026 NC: 2026:KHC:44031 RSA No. 1099 of 2026 (ii) However, taking note of the fact that reasonable time is to be granted for the appellant to vacate and hand over the premises, time is extended till 31st December 2026 subject to filing an affidavit on or before 28.08.2026 indicating that the defendant/appellant would voluntarily vacate the suit schedule property on or before 31st December 2026 without driving the respondent/plaintiff to file execution proceedings. (iii) Further, appellant is directed to pay the damages month by month as and when it accrues on or before 5th of each month in a sum of Rs.2,100/- to the suit property till 31st December 2026. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 36