- 1 - NC: 2025:KHC:17951 MFA No. 6763 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. 6763 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 SHOBHA NARAYANA REDDY AGED ABOUT 59 YEARS, SON OF SRI. BANAHALLI CHOWDAIAH LOKESH KUMAR, RESIDING AT NO.127, 9TH CROSS, KPCL LAYOUT, OFF SARJAPURA ROAD, NEAR WIPRO OFFICE, KASAVANAHALLI, CARMELARAM, BENGALURU-560035 2. SRI.N JAGADISH AGED ABOUT 55 YEARS, SON OF LATE SRI. H V NARAYANA REDDY 3. SMT. D ARCHANA AGED ABOUT 49 YEARS, WIFE OF SRI N JAGADISH 4. SRI. J HARSHITH AGED ABOUT 18 YEARS, SON OF SRI. N JAGADISH Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17951 MFA No. 6763 of 2024 5. SRI.N JATHIN AGED ABOUT 24 YEARS, SON OF SRI. N. JAGADISH RESPONDENT NO.2 TO 5 ARE RESIDING AT NO.25/1, SARJAPURA ROAD, HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035 6. SMT.VANITHA N AGED ABOUT 45 YEARS, DAUGHTER OF LATE SRI. H V NARAYANA REDDY, WIFE OF SRI. M V SRIDHAR, RESIDING AT NO.122, 2ND CROSS, RAINBOW DRIVE LAYOUT, (RBD) SARJAPURA ROAD, DODDAKANALLI, CARMELARAM, BENGALURU-560035 7. SMT. KANTHAMMA AGED ABOUT 73 YEARS, WIFE OF LATE SRI. H V NARAYANA REDDY RESIDING AT NO 25/1, SARJAPURA ROAD, HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035 8. SRI.H R NATARAJ AGED ABOUT 57 YEARS, SON OF LATE RUDRAPPA H RESIDING AT NO. 812, 12TH MAIN ROAD, VINAYAKA LAYOUT, NAGARABHAVI, 2ND STAGE, BENGALURU-560072 …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(1)(b ) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 12.09.2024 PASSED ON IA.NO.2 IN AA.NO.41/2024 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND - 3 - NC: 2025:KHC:17951 MFA No. 6763 of 2024 SESSIONS JUDGE, BENGALURU CCH-30, RESTRAINING THE RESPONDENTS NO.1 TO 7 FROM ALIENATING THE SUIT SCHEDULE PROPERTY IN SUPPORT OF IA.NO.2 THE APPELLANT HEREIN SWORN AN AFFIDAVIT AND STATED THE REASONS UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W ORDER 39 RULES 1 AND 2 OF CPC. 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. 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 - 4 - NC: 2025:KHC:17951 MFA No. 6763 of 2024 shall be returned to the appellant with cost and the said cost to be borne by the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 14