- 1 - NC: 2025:KHC:17952 MFA No. 6778 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6778 OF 2024 (AA-) BETWEEN: SRI VISHWANATH ABBAIAH AGED ABOUT 42 YEARS, SON OF LATE SRI, ABBAIAH, RESIDING AT NO.15/1, PUTTAIAHNAPALYA, 2ND MAIN ROAD, 9TH BLOCK, JAYANAGAR, BENGALURU-560069 …APPELLANT (BY SRI. VIVEK HOLLA, HOLLA AND HOLLA,ADVOCATE) AND: 1. SRI V KRISHNA MURTHY AGED ABOUT 64 YEARS, SON OF SRI.VENKATAPPA REDDY RESIDING AT NO.24, KACHARAKANAHALLI, BENGALURU-560084. 2. SMT.REKHA K AGED ABOUT 35 YEARS, DAUGHTER OF SRI V KRISHNAMURTHY, RESIDING AT NO.24, KACHARAKANAHALLI, BENGALURU-560084. 3. SMT.TEJASHWINI K AGED ABOUT 31 YEARS, DAUGHTER OF SRI. V KRISHNAMURTHY RESIDING AT NO 247, RBR LAYOUT, JUNNASANDRA, CARMELARAM, BENGALURU-560035 Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17952 MFA No. 6778 of 2024 4. SRI.H V NAGARAJA REDDY AGED ABOUT 62 YEARS SON OF SRI.VENKATAPPA REDDY RESIDING AT NO.145, JUNNASANDRA, CARMELARAM, BENGALURU-560035 5. SMT.N SHOBHA RANI AGED ABOUT 49 YEARS, WIFE OF SRI H V NAGARAJA REDDY RESIDING AT NO.145, JUNNASANDRA, CARMELARAM, BENGALURU-560035 6. SRI.DHANUSH KUMAR N AGED ABOUT 32 YEARS, SON OF SRI. NAGARAJA H V RESIDING AT NO.145, JUNNASANDRA, CARMELARAM, BENGALURU-560035 7. SRI.LALITH KUMAR AGED ABOUT 30 YEARS, SON OF SRI.H V NAGARAJA REDDY RESIDING AT NO.145, JUNNASANDRA, CARMELARAM, BENGALURU-560035 8. SMT N DHANALAKSHMI AGED ABOUT 28 YEARS, DAUGHTER OF SRI H V NAGARAJA REDDY RESIDING AT NO.145, JUNNASANDRA, CARMELARAM, BENGALURU-560035 9. SRI.V KODANDA RAMA AGED ABOUT 59 YEARS, SON OF SRI.VENKATAPPA REDDY RESIDING AT NO.2, SARJAPURA ROAD, JUNNASANDRA, CARMELARAM, BENGALURU-560035 - 3 - NC: 2025:KHC:17952 MFA No. 6778 of 2024 10. SMT.KODANDARAMA AGED ABOUT 52 YEARS, WIFE OF SRI. KODANDARAMA REDDY RESIDING AT NO.2, SARJAPURA ROAD, JUNNASANDRA, CARMELARAM, BENGALURU-560035 11. SRI.K JASHVITH AGED ABOUT 27 YEARS, SON OF SRI.V KODANDARAMA RESIDING AT NO.2, SARJAPURA ROAD, JUNNASANDRA, CARMELARAM, BENGALURU-560035 12. SMT.DIVYASHREE K AGED ABOUT 26 YEARS, DAUGHTER OF SRI V KODANDARAMA RESIDING AT NO.2, SARJAPURA ROAD, JUNNASANDRA, CARMELARAM, BENGALURU-560035 13. SMT.NITHYA SHREE K AGED ABOUT 22 YEARS, DAUGHTER OF SRI V KODANDARAMA RESIDING AT NO.2, SARJAPURA ROAD, JUNNASANDRA, CARMELARAM, BENGALURU-560035 14. SRI.H R NATARAJ AGED ABOUT 57 YEARS, SON OF LATE SRI.RUDRAPPA H,. RESIDING AT NO.812, 12TH MAIN ROAD, VINAYAKA LAYOUT, NAGARBHAVI 2ND STAGE, BENGALURU-560072 …RESPONDENTS THIS MFA FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER - 4 - NC: 2025:KHC:17952 MFA No. 6778 of 2024 DATED 12.09.2024 PASSED ON I.A.NO. 2 IN A.A.NO. 42/2024 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-30),PASSED ON ORDER OF ISSUING EMERGENT NOTICE ON I.A.NO. 2 AND NOTICE ON ARBITRATION APPLICATION TO THE RESPONDENTS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo stating that the registry has raised an objection regarding maintainability of the appeal against the impugned order passed by the XXIX Additional City Civil Judge, Bengaluru. Therefore, the appeal may be dismissed with a liberty to file fresh petition before the appropriate Court. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed with a liberty to file fresh petition before the appropriate Court. Further, the impugned order, certified copy produced in this case shall be returned to the appellant with cost and - 5 - NC: 2025:KHC:17952 MFA No. 6778 of 2024 the said cost to be borne by the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 15