- 1 - HC-KAR NC: 2025:KHC:23445 MFA No. 2213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.2213 OF 2025 (CPC) BETWEEN: 1. SRI. P.KRISHNARAJA MAYYA S/O LATE KESHAVA MAYYA AGED ABOUT 53 YEARS R/AT #206, MAHARAJA EXCELLENCY HAT HILL, M.G.CROSS ROAD MANGALORE-575 004. …APPELLANT (BY SRI. V.R.BALARAJ, ADVOCATE) AND: 1. SRI. SUNDEEP KUNDER S/O LATE BABU KUNDER AGED ABOUT 55 YEARS R/AT 303, ASHISH CASTLE OPP. CHAMUNDIGUDI MARIGUDI TEMPLE ROAD MANGALORE -575 006. …RESPONDENT (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) THIS MFA FILED U/O 43 RULE 1(q) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.11.2024 PASSED ON I.A.NO.VI IN OS.NO.13/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., ALLOWING THE IA.NO.VI FILED UNDER ORDER 38 RULES 5 AND 6 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23445 MFA No. 2213 of 2025 CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The defendant-appellant in O.S.No.13/2023 on the file of Prl. Senior Civil Judge and CJM, Mangaluru has preferred this appeal assailing the order dated 27.11.2024 passed by the trial Court on I.A.No.VI filed by the plaintiff-respondent under Order XXXVIII Rules 5 and 6 of CPC. By virtue of the said impugned order, the trial Court has passed an order of attachment of the properties described as under: "The property mentioned in the schedule of application viz., Residential Apartment No.206, comprised in Corporation D.No.2-19-1596/16 located in 2nd Floor of "Maharaja Excellenc" measuring (1865 Sq. ft. super built up area) with 3.86% undivided right in the land, common areas & facilities, as detailed in the D.O.D. with exclusive car parking slots bearing Nos. 29 & 30 of the basement floor, located in R.S. No.12/1, T.S. No.1554/1, measuring 0.06.00 acres, R.S. No.11/2A2B1C, measuring 0.09 acres, R.S. No.12/1, T.S. No.1554/1 measuring 0.11 acres, R.S. No.11/2A2B1C, measuring 0.11 acres, R.S. No. 12/1, T.S.No. 1554/1 measuring 0.9.50 acres, R.S. No. 11/2A2B1C, measuring 0.04.5 acres, having in all 0.51 acres in extent situated in Kodialbail 'A' & 'B' Village, Mangaluru Taluk within Kodialbail Ward of Mangaluru City Corporation and within registration sub district of - 3 - HC-KAR NC: 2025:KHC:23445 MFA No. 2213 of 2025 Mangaluru City of D.K., District, all plots forming a compact block with following boundaries North : Road and portion of same S.No. South : Private road and S. Line East : Road and portion of same S.NO. West : Survey line is hereby attached till the passing of the judgment and in the event the suit is decreed, until the decree is fully satisfied." 2. When this appeal is taken up for hearing, both the counsel are fair enough to submit that, in O.S.No.13/2023, the defendant has already filed an application under Order VII Rule 11 of CPC seeking rejection of the plaint. In the said application, the plaintiff has already filed objections. The said application is still pending. It is submitted that, if the said application is decided on merits by the trial Court, the defendant may not press this appeal. It is submitted that, O.S.No.13/2023 is listed for evidence before the trial Court. 3. In view of the rival pleadings of both the parties, as the defendant is disputing the very attachment of the properties stated supra, as he has sought rejection of the plaint - 4 - HC-KAR NC: 2025:KHC:23445 MFA No. 2213 of 2025 itself, if the said application filed by the defendant is decided on merits, nothing remains to be decided. Therefore, in view of fair submissions of both sides, if the learned trial Court is requested to dispose of the said application filed by the defendant under Order VII Rule 11 of CPC, it would meet the ends of justice. With the aforesaid observations, this appeal is disposed. Accordingly, I pass the following: ORDER (i) The appeal is dismissed. (ii) However, the Prl. Senior Civil Judge and CJM, Mangaluru is requested to dispose of the I.A. in O.S.No.13/2023 filed by the defendant under Order VII Rule 11 of CPC, expeditiously, on priority basis, with all its promptitude. Pending interlocutory applications in this appeal, if any, stand disposed of. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PGG List No.: 1 Sl No.: 23