- 1 - HC-KAR CNR: KAHC010112082026 NC: 2026:KHC:45921 RSA No. 288 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 288 OF 2026 (EVI) BETWEEN: SRI V.K. JAYARAM S/O. LATE VENKATAPPA, AGED ABOUT 55 YEARS, BUSINESS KANAKA STEELS, NEAR CHECK POST, NH-206, KADUR TOWN, KADUR TALUK, CHIKKAMAGALUR DISTRICT. …APPELLANT (BY SRI. H.T. NATARAJA, ADVOCATE) AND: SRI M. RANGAPPA S/O. LATE MARULAPPA, AGED ABOUT 85 YEARS, AGRICULTURIST, R/AT V.F.C COLONY, KADUR TOWN, KADUR TALUK CHIKKAMAGALUR DISTRICT. …RESPONDENT (BY SRI. K.S. GANESHA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 8.12.2025 PASSED IN RA NO.30/2024 ON THE FILE OF SENIOR CIVIL JUDGE, KADUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010112082026 NC: 2026:KHC:45921 RSA No. 288 of 2026 17.02.2024 PASSED IN OS NO.490/2021 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KADUR. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri H.T. Nataraja, learned counsel for the appellant and Sri K.S. Ganesha, learned counsel for the respondent. 2. Sum of Rs.1,00,000/- is tendered by way of demand draft, drawn in favour of the respondent by the appellant. 3. Sri H.T. Nataraja, learned counsel for the appellant after addressing the arguments for sometime would make an earnest request to the Court that if the time is granted till end of December 2026, the appellant would vacate and hand over the premises without driving the respondent to execution proceedings. 4. Submission of learned counsel is acceptable having regard to the nature of dispute which is long pending. - 3 - HC-KAR CNR: KAHC010112082026 NC: 2026:KHC:45921 RSA No. 288 of 2026 5. At this stage, Sri, K.S. Ganesha, learned counsel for respondent however would submit that there is still due of Rs.1,91,000/- towards the arrears of rent/damages, the same can be paid after adjusting the advance amount of Rs.1,00,000/-. 6. As such, the following: ORDER (1) Appeal is dismissed. (2) Time to vacate suit premises is extended till 31.12.2026 subject to following conditions: (i) After adjusting the sum of Rs.1,00,000/-, Rs.91,000/- arrears towards the rent/damages is payable on or before 11.09.2026. (ii) Thereafter, the damages per month at the rate of Rs.5,000/- shall be payable as and when it accrues on or before 5th of each succeeding month. - 4 - HC-KAR CNR: KAHC010112082026 NC: 2026:KHC:45921 RSA No. 288 of 2026 (iii) An affidavit shall be filed by the appellant in this regard on or before 31.08.2026 indicating that the arrears would be cleared on or before 11.09.2026 and undertake to pay the damages month by month at the rate of Rs.5,000/- as and when it accrues. (iv) Undertaking shall also indicate that the respondent would not be driven to execution proceedings and appellant would voluntarily vacate and hand over the premises on or before 31.12.2026. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 85