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2026 DAILYLAW 7026 (KAR)

S R SRINATH v. BIPIN KUMAR BABULAL SHAH

RFA/279/2018 · 2026-04-21

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21788 RFA No. 279 of 2018 C/W RFA No. 280 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 279 OF 2018 (RES) C/W REGULAR FIRST APPEAL NO. 280 OF 2018 IN RFA No. 279/2018 BETWEEN: S.R.SRINATH, S/O S. RAMESH, AGED ABOUT 59 YEARS, NO.75, SULTANPET MAIN ROAD, BANGALORE - 560 053. RESIDING AT NO.160, MADHAVANAGAR, NEAR HIGH LANDS HOTEL, RACE COURSE ROAD, BANGALORE - 560 001. …APPELLANT (BY SRI. VIVEKANANDA T.P., ADVOCATE) AND: BIPIN KUMAR BABULAL SHAH, S/O LATE BABULAL SHAH, AGED ABOUT 58 YEARS, NO.18, 3-D CROSS, OPPOSITE SHANBHOGUE, NURSING HOME, BASAVESHWARNAGAR, BANGALORE - 560 079. …RESPONDENT (BY SRI. S.G.BHAGAVAN., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21788 RFA No. 279 of 2018 C/W RFA No. 280 of 2018 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 12.9.2017 PASSED IN OS NO.8402/2015 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT. IN RFA NO. 280/2018 BETWEEN: S.R.SRINATH, S/O S.RAMESH, AGED ABOUT 59 YEARS, NO.75, SULTANPET MAIN ROAD, BANGALORE - 560 053. RESIDING AT NO.160, MADHAVANAGAR, NEAR HIGH LANDS HOTEL, RACE COURSE ROAD, BANGALORE - 560 001. ...APPELLANT (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: BIPIN KUMAR BABULAL SHAH, S/O LATE BABULAL SHAH, AGED ABOUT 58 YEARS, NO.18, 3-D CROSS, OPPOSITE SHANBHOGUE, NURSING HOME, BASAVESHWARNAGAR, BANGALORE - 560 079. ...RESPONDENT (BY SRI. S G BHAGAVAN., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER 41 RULE 1 OF THE CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 12.09.2017 PASSED IN OS NO.8405/2015 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE AT - 3 - HC-KAR NC: 2026:KHC:21788 RFA No. 279 of 2018 C/W RFA No. 280 of 2018 BANGALORE CITY DECREEING THE SUIT FOR EJECTMENT AND POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT These two appeals are directed against the decree for ejectment. During the pendency of the suits, the Decree Holder has taken possession of the property through the process of Court. 2. It is submitted that, pursuant to the interim order granted by this Court, the respondent- plaintiff/Landlord has deposited the security deposit before this Court. 3. Learned counsel for the appellant submits that the dispute is settled and the parties have signed the Joint Memo dated 16.04.2026 reporting settlement. 4. The Joint Memo is taken on record. - 4 - HC-KAR NC: 2026:KHC:21788 RFA No. 279 of 2018 C/W RFA No. 280 of 2018 5. In terms of the Joint Memo, the respondent- plaintiff/ Landlord has agreed to release the amount in deposit in favour of the appellant-defendant/tenant along with interest accrued, if any. 6. Both the appeals stand disposed of in terms of the Joint memo. 7. The amount in deposit shall be released in favour of the appellant-defendant/tenant along with interest accrued, if any. Since the dispute is settled, the appellant is also entitled to refund of admissible Court fee. Sd/- (ANANT RAMANATH HEGDE) JUDGE BSV List No.: 1 Sl No.: 9