- 1 - HC-KAR NC: 2025:KHC:36211 MFA No. 3671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3671 OF 2025 (CPC) BETWEEN: 1. MAYA HOTELS PVT. LTD., 52/1, CHURCH STREET, BENGALURU-560 001, REP. BY ITS DIRECTOR, (THIRTHA KUMARA SWAMY). …APPELLANT (BY SRI. S. VENKATESHWARAN, ADVOCATE) AND: 1. DISTRICT REGISTRAR AND DEPUTY COMMISSIONER, STAMPS AND REGISTRATION, 3rd FLOOR, MONARCH CHAMBERS, NO.122/2, INFANTRY ROAD, SHIVAJINAGAR, BENGALURU-560001. 2. SUB REGISTRAR, 2nd FLOOR, MONARCH CHAMBERS, NO.122/2, INFANTRY ROAD, SHIVAJINAGAR, BENGALURU-560 001. 3. CHIEF MANAGER, CORPORATION BANK, NO.26, K.H.ROAD, BENGALURU-560 027. …RESPONDENTS (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL A/W. SRI. V.R. VINAY KUMAR, ADVOCATE FOR R3) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36211 MFA No. 3671 of 2025 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 15.10.2024 PASSED ON IA NO.1 IN O.S.NO.26684/2022 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU CCH-74, DISMISSING THE IA.NO.1. FILED U/O.41 RULE 7 (1) AND (2) R/W SECTION 151 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 The office has raised the objection that the appeal is not maintainable under Order 43 Rule 1 of CPC. 2. The learned counsel for the appellant submits that the appeal under Order 43 Rule 1(r) of CPC is maintainable against the order passed under Order 41 Rule 7(1) and (2) read with Section 151 of CPC. The learned counsel submitted the memo. 3. Upon perusing the impugned order passed on I.A.No.1 by the Trial Court, it is an application filed under Order 41 Rule 7(1) and (2) read with Section 151 of CPC. 4. The learned counsel for respondent No.3 invites attention of this Court under which provision the interlocutory application is filed before the Trial Court and is found to be that - 3 - HC-KAR NC: 2025:KHC:36211 MFA No. 3671 of 2025 the appellant’s application filed before the Trial Court in the suit is under the provision under Order 41 Rule 7(1) and (2) of CPC. But the appeal is filed invoking the provisions under Order 43 Rule 1(r) of CPC. The appeal is maintainable against the order passed on the interlocutory applications, if it is against the order passed under Order 39 Rules 1, 2, 2A and 10 of CPC. But the impugned order is passed upon the application filed under Order 41 Rule 7(1) and (2) of CPC. 5. Therefore, the appeal is not maintainable under Order 43 Rule 1 of CPC. The appeal is dismissed as not maintainable. 6. However, liberty is reserved to approach the appropriate forum as per law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MD List No.: 1 Sl No.: 13