- 1 - NC: 2025:KHC:3396 MFA No. 8427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 8427 OF 2024 (CPC) BETWEEN: MR.M.I. ABDUL RAZAK, AGED ABOUT 66 YEARS, S/O MR. KY IBRAHIM, RESIDING AT BADRIYA MANZIL, 3RD CROSS, SUBHASHNAGAR, CHATHRAMAIDANA, MUDIGERE, CHICKMAGALORE DISTRICT - 577 132. APPELLANT (BY SMT. N NANDITHA DAS ADVOCATE FOR SRI. ANANDARAMA K., ADVOCATE) AND: 1. M/S ANNA JEWELLERS, REPRESENTED BY ITS PROPRIETRIX, MRS. REENA BABU, AGED ABOUT 53 YEARS, W/O MR. BABU, NEAR NEST BAKERY, V. TOWER, ANCHERY CHIRA, THRISSUR, THRISSUR DISTRICT, KERALA STATE - 680 006. WHO IS REPRESENTED BY HER HUSBAND AND GENERAL POWER OF ATTORNEY HOLDER MR. BABU A.J., AGED ABOUT 61 YEARS, S/O MR. OUSEPH A R., Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3396 MFA No. 8427 of 2024 RESIDING AT THATTI APPANDAN HOUSE, NORTH BAZAR, OLLUR P.O., THRISSUR, THRISSUR DISTRICT, KERALA STATE. 2. M/S HAJI GOLD AND DIAMONDS, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, MOHAMMED SHAHABUDDIN, MJS COMMERCIAL COMPLEX, OPP. SAHARA HOSPITAL, NH 66 THOKITTU, ULLAL TALUK 575017. 3. MR. MOHAMMED SHAHABUDDIN, AGED ABOUT 34 YEARS, S/O MR. K.P. ISMAIL, PARTNER AT M/S HAJI GOLD AND DIAMONDS, MJS COMMERCIAL COMPLEX, OPP. SAHARA HOSPITAL, NH 66 THOKITTU, ULLAL TALUK - 575 017. AND ALSO AT LUXURY GOLD AND DIAMONDS, SHOP NO.1, DOOR NO.17-19-1415/2(1), GROUND FLOOR, PAILANDS PLAZA BUILDING, FALNIR, MANGALURU – 575 002. RESPONDENTS (BY SRI. SACHIN BS.,ADVOCATE FOR C/R1.) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 21.09.2024 PASSED ON IA NO.3 IN COM.O.S.NO.21/2024 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, MANGALORE, ALLOWING IA NO.3 FILED U/O.38 RULE 5 OF CPC FILED BY PLAINTIFF AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:3396 MFA No. 8427 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised objections regarding maintainability of the appeal. 2. In view of the same, learned counsel for the appellant has filed a memo for conversion of MFA.No.8427/2024 into commercial appeal. 3. In view of the memo, the appellant is permitted to convert the present appeal as a commercial appeal. 4. For statistical purpose the above appeal is disposed of. 5. Learned counsel for the appellant to comply with the requisites to convert the same as commercial appeal. 6. The office is to assign new number and place before the Roaster Bench. Sd/- (K.NATARAJAN) JUDGE PNV - List No.: 1 Sl No.: 17