Shri K V Dharmashekar v. Shri S R Venkatesh

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1959 OF 2025 (POS) BETWEEN:

¶1SHRI K V DHARMASHEKAR SON OF LATE VENKATASHETTY, AGED 56 YEARS,

¶2SHRI K V RAVICHANDRA SON OF LATE VENKATASHETTY, AGED 51 YEARS,

BOTH ARE R/O ACHANGI VILLAGE, HALASULLIGE POST, KASABA HOBLI, SAKLESHPURA TALUK 573 134, HASSAN DISTRICT.

…APPELLANTS [BY SRI PRADEEP KUMAR R H., ADVOCATE (PH)] AND:

¶1SHRI S R VENKATESH SON OF LATE RANGASWAMY, AGED 61 YEARS,

¶2SMT. A SHAKUNTHALA WIFE OF SHRI S R VENKATESH, AGED 57 YEARS,

¶3SMT. S.V.VANI WIFE OF SHRI NIRANJAN, AGED 40 YEARS,

by ANUSHA V Location: High Court of Karnataka NC:(2026:KHC:10616( RSA(No.(1959(of(2025( ( , ,,HC-KAR( ( (

4., SMT.,V,MEENA, WIFE,OF,SHRI,AKASHY,,, AGED,40,YEARS,, ,

5., SHRI,VINAY,S.V., SON,OF,SHRI,S.R.VENKATESH,, AGED,35,YEARS,, , ALL,ARE,RESIDENT,OF, HENNLI,VILLAGE,,HEBBASALE,POST,,, SAKALESHPURA,TALUK,,, HASSAN,DISTRICT,-,573,134., , …RESPONDENTS, [BY,SRI,SRINIVAS,A.R.,,ADVOCATE,FOR,C/R1,(PH)], , THIS,RSA,IS,FILED,UNDER,SEC.100,OF,CPC.,,AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 25.10.2025, PASSED, IN, RA, NO.27/2024, ON, THE, FILE, OF, SENIOR, CIVIL, JUDGE, AND, JMFC,, SAKALESHPURA,, DISMISSING, THE, APPEAL, AND, CONFIRMING,THE,JUDGMENT,AND,DECREE,DATED,01.07.2024, PASSED,IN,OS,NO.20/2019,ON,THE,FILE,OF,THE,ADDITIONAL, CIVIL,JUDGE,AND,JMFC,,SAKALESHPURA., , , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , HON'BLE,MR.,JUSTICE,RAVI,V,HOSMANI,CORAM:, ,

ORAL JUDGMENT

Challenging judgment and decree dated 25.10.2025 passed by Senior Civil Judge and J.M.F.C., in R.A.no.27/2024 and judgment and decree dated 01.07.2024 passed by Additional Civil Judge J.M.F.C., Sakleshpura, in O.S.no.20/2019.

¶2During pendency of appeal, appellants had filed joint affidavit stating as follows: "JOINT AFFIDAVIT

We, 1) Shri K V Dharmashekar S/o Late Venkatashetty, Aged about 56 years, R/at Achangi Village, Halasullige Post, Kasaba Hobli, Sakleshpura Taluk, Hassan District - 573134

2) Shri K V Ravichandra S/O Late Venkatashetty, Aged about 51 years, R/at Achangi Village, Halasullige Post, Kasaba Hobli, Sakleshpura Taluk, Hassan District - 573134 do hereby solemnly affirm and state on oath as follows:

¶1We submit that, we are Appellants in the above case and we know the facts of the case. Hence, we are swearing to the contents of this Affidavit.

¶2We submit that the above appeal is filed challenging the Judgment and decree dated 25.10.2025 in RA No.27/2024 Passed by the Senior Civil Judge JMFC at

Sakleshpura and the Judgment and decree dated 1.7.2024 passed in OS No.20/2019 passed by the Addl. Civil Judge and JMFC, Sakleshpura.

¶3We hereby undertake to vacate the suit schedule property within an outer limit of 6 months from today i.e, on or before 9.8.2026 and we also undertake to pay the rent of Rs.4,200/- per month starting from this month i.e, February 2026 to till we vacate handover possession of the suit schedule property to the Respondents.

¶4We state that what is stated above are true and correct to the best of my knowledge."

¶3On previous date, learned counsel for respondents had sought time to secure instructions for disposal of appeal in terms of undertaking.

¶4Learned counsel for respondents has filed a memo dated 20.02.2026 stating as follows: "MEMO FILED BY THE RESPONDENTS The Respondents most respectfully submit as follows:

¶1The Respondent submits that the Appellants have filed a Joint Affidavit undertaking to vacate and hand over peaceful and vacant possession of schedule property on or before

09.08.2026, and to pay a monthly rent of ₹4,200/-.

¶2The Respondents hereby state that they have no objection to the undertaking affidavit filed by the Appellants and agreed to the same, subject to the understanding that:

a) The Appellants shall pay a sum of ₹4,200/- (Rupees Four Thousand Two Hundred only) per month towards rent, on or before the 8th day of every month, regularly without accumulation of arrears.

b) The Appellants shall keep maintain the schedule property in good and tenantable condition and shall not cause any damage or make any unauthorized alterations and shall not carry any illegal activities.

c) The Appellants shall vacate and hand over and vacant possession of the property to the Respondents on or before 09.08.2026, or earlier, as undertaken.

¶3It is respectfully submitted that, in the event of any default, the Respondents shall be at liberty to seek appropriate remedy in accordance with law Appellants shall be solely responsible for the cost and consequences thereof.

WHEREFORE, the Respondent most respectfully prays that this Hon'ble Court may be pleased to record the undertaking of the Appellants along with the above terms and pass appropriate orders in the interest of justice."

¶5In view of above, appeal is disposed of as settled in terms of undertaking given by appellants in their affidavit as noted above. Appellants shall quit and vacate suit premises on

or before 09.08.2026, handover key to respondents and pay rent of Rs.4,200/- per month from February, 2026, till then. Since appeal is disposed of as settled, Registry is directed to refund admissible Court Fee to appellants.

Sd/- (RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 44