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Sri Rakeshkumar Manoharlal vs. Sri A S Rajakumar

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RSA/956/2025HC KarnatakaGSTCNR KAHC01039610202518 September 2025Bench: V SRISHANANDA4 pages
For Respondent: SRI M.Y.SREENIVASAN, ADVOCATE

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2025:KHC:37683 RSA No. 956 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.956 OF 2025 (EJE) BETWEEN: SRI RAKESHKUMAR MANOHARLAL SON OF P. MANOHARLAL, AGED 53 YEARS, R/O D.NO.662/1, SUBHASH NAGARA, MANDYA PIN 571 401 …APPELLANT (BY SRI N.G.SREEDHAR, ADVOCATE) AND: A.S. RAJAKUMAR SON OF LATE A.S.RAJASHEKAR, AGED ABOUT 61 YEARS, R/O D.NO.1190, 2ND CROSS, ASHOK NAGARA MANDYA PIN 571 401 …RESPONDENT (BY SRI M.Y.SREENIVASAN, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 29.03.2025 PASSED IN R.A.No.32/2024 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.08.2024 PASSED IN O.S.NO.684/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, MANDYA. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37683 RSA No. 956 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT Heard Sri N.G. Sreedhar, learned counsel for the appellant and Sri Srinivasan M.Y., learned counsel for the respondent.

2.

Sri N.G. Sreedhar, learned counsel for the appellant would submit that appellant has paid the arrears of rent/mesne profits till the end of September 2025. He requests that reasonable time may be granted for vacating the suit schedule premises by finding an alternate accommodation.

3.

Sri M.Y. Sreenivasan, learned counsel for the respondent would oppose the said submission by contending that no business is carried on by the appellant in the suit premises and it is kept under lock and key. Therefore, fifteen days time may be granted as a last chance for the appellant to hand over the premises.

4.

Taking note of the fact that all the arrears of rents/mesne profit is cleared by the appellant and also an HC-KAR NC: 2025:KHC:37683 affidavit came to be filed, requesting time till 31.07.2026, it is just and necessary for this Court to extend the time for the appellant to vacate and hand over the suit schedule premises without driving the respondent/land lord for execution proceedings and also with a condition to pay arrears of rent as and when it accrues including the repair charges and GST amount would meet the ends of justice.

5.

Accordingly, the following order is passed: ORDER (i) Regular Second Appeal is dismissed. (ii) Placing the affidavit filed by the appellant on record, time is extended till 31.07.2026 for the appellant to vacate and hand over the suit schedule premises to the respondent/landlord without driving the respondent to file execution proceedings. (iii) Appellant shall undertake to pay the rents/mesne profits of every month, before 5th of the succeeding month, under the receipt or bank transfer the amount of rents including HC-KAR NC: 2025:KHC:37683 the GST amount to the bank account of the respondent as and when it accrues. (iv) In the event of violation of the nonpayment of the rents/mesne profits by the appellant as and when it accrues, the respondent is at liberty to execute the judgment of ejectment and appellant foregoes the time granted by this Court till 31.07.2026. (v) Office to pass modified decree accordingly. (V SRISHANANDA) JUDGE

MR

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.