- 1 - NC: 2025:KHC:11684 MSA No. 43 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 43 OF 2025 BETWEEN: MR. A. K. EJAJ AHMED S/O.LATE. ABDUL KAREEM, AGED ABOUT 68 YEARS, R/A 2ND CROSS, NALBANDWADI, MOHALLA, WARD NO. 14, RAMANAGARA TOWN, RAMANAGARA DISTRICT – 562 159 …APPELLANT (BY SRI. NAMAN VANKDARI M., ADVOCATE) AND: MR. IRSHAD AHMED AGED ABOUT 63 YEARS, S/O LATE. ABDUL KAREEM, PROPRIETOR, KISSAN TRADING COMPANY, NO.1288/1492 (SITE NO.11) APMC YARD, IJOOR NEW BUS STAND ROAD, (BETWEEN B.M ROAD AND RMC IJOORN ROAD) RAMNAGARA TOWN, RAMANAGARA DISTRICT – 562 159 …RESPONDENT (BY SRI. SHARATH S. GOWDA, ADVOCATE) THIS MSA FILED UNDER ORDER 43 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.02.2025 PASSED IN MA.NO.18/2024 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 17.08.2024 PASSED ON I.A.NO.1 IN OS.NO.175/2024 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11684 MSA No. 43 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT It is submitted that against an order of injunction, M.A.No.18/2024 is filed and against the orders passed in the Appeal, the present M.S.A. is filed. Registry has raised the issue on the maintainability and it is placed before this court. Against the orders passed in M.A.No.18/2024, MSA is not maintainable and the petitioner is at liberty to file an appropriate petition within a period of one week from today. Accordingly, the M.S.A. is disposed off and all pending I.As., stands closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 5