- 1 - HC-KAR NC: 2026:KHC:4987 RFA No. 831 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 831 OF 2019 (RES) BETWEEN: SRI HANUMAIAH, S/O KEMPAIAH,AGED ABOUT 68 YEARS, R/AT NO.272/3, OLD NO.660, 9TH CROSS, BAGALAGUNTE, NAGASANDRA POST,YESHWANTHPURA HOBLI, BANGALORE-560073. …APPELLANT (BY SRI BHANU PRASAD K., ADVOCATE) AND: 1. SRI B K RAMAKRISHNA, S/O DODDAKEMPAIAH,AGED ABOUT 70 YEARS, R/AT BAGALAGUNTE VILLAGE, YESHWANTHPURA HOBLI,BANGALORE-560073. 2. SRI RANGAIAH, S/O MARANNA,AGED ABOUT 42 YEARS, R/AT NO.272/3, OLD NO.660, 9TH CROSS, BAGALAGUNTE,NAGASANDRA POST, YESHWANTHPURA HOBLI, BANGALORE-560073. 3. SRI DANKA SINCE DECEASED BY HIS LRS 3(a) SMT SUBBALAKSHMAMMA, W/O LATE DANKACHARI, AGED ABOUT 43 YEARS, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4987 RFA No. 831 of 2019 3(b) SRI VISHNUCHARI, S/O LATE DANKACHARI, AGED ABOUT 26 YEARS, 3(c) SRI ASHOK D, S/O LATE DANKACHARI, AGED ABOUT 22 YEARS, 3(d) SRI NANJUNDACHARI, S/O LATE DANKACHARI, AGED ABOUT 24 YEARS, LR3(a) to (d) ARE R/AT NO.678, 9TH CROSS, BAGALAGUNTE, NEAR KUVEMPU SCHOOL, BAGALAGUNTE, NAGASANDRA POST, BENGALURU NORTH - 560 073. …RESPONDENTS (BY SRI C MUDDURAJ AND SRI A T JAYARAJA, ADVOCATE FOR R1, V/O/DT 23.10.2019 NOTICE TO R2 IS HELD SUFFICIENT, R3(A), (B), (C) AND (D) ARE SERVED) THIS RFA IS FILED UNDER SEC.96 UNDER ORDER XLI RULE 1 OF CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 31.01.2019 PASSED IN OS NO.3135/2012 ON THE FILE OF THE IX ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE PARTLY DECREEING THE SUIT FOR POSSESSION. THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:4987 RFA No. 831 of 2019 ORAL JUDGMENT This appeal was heard on merits and when the Court was about to dismiss the appeal and dictate the judgment, learned counsel for the appellant submitted that the appellant should be permitted to occupy the B, C and D schedule properties for 18 months commencing from 01.02.2026 and the appellant will vacate the B, C and D schedule properties on or before 31.07.2027. 2. It is further submitted that the learned counsel for the respondents on instructions from the parties submit that in case the possession of the properties at Schedule B, C and D are delivered as undertaken by the appellant, respondents will not claim mesne profit as ordered by the Trial Court. 3. Learned counsel for the appellant has filed the affidavit of the appellant wherein the appellant has undertaken to vacate the B, C and D schedule properties on or before 31.07.2027. The conditional clause relating to waiver of the mesne profit is also incorporated in the Clause No.4 of the affidavit. - 4 - HC-KAR NC: 2026:KHC:4987 RFA No. 831 of 2019 4. Learned counsel for the respondents has filed a memo stating that in case the properties are handed over to the plaintiff/respondents on or before 31.07.2027, the respondents will not claim mesne profit as ordered by the trial Court. 5. The said memo is taken on record. 6. The affidavit filed by the appellant is also taken on record. 7. Hence the following: ORDER (i) Appeal is disposed of. (ii) In view of the settlement arrived at between the parties, the impugned judgment and decree dated 31.01.2019 passed by the Additional City Civil Judge, Bengaluru in O.S.No.3135/2012 are modified granting 18 months time from 01.02.2026 to 31.12.2027 to the appellant to hand over the possession of the property to the plaintiff/respondents. - 5 - HC-KAR NC: 2026:KHC:4987 RFA No. 831 of 2019 (iii) In case the possession is delivered as undertaken on or before 31.07.2027, plaintiff/ respondents are not entitled to mesne profit as ordered by the Trial Court and confirmed by the Trial by Trial Court. (iv) In case the possession is not delivered as undertaken, the judgment and decree passed by the Trial Court stands affirmed and the plaintiff/respondents are entitled to execute the decree for possession and recovery of mesne profit as well. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 41