- 1 - HC-KAR NC: 2025:KHC:54705 MFA No. 9329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9329 OF 2025 (CPC) BETWEEN: 1. SRI. NIKHIL KEDIA, S/O SUBHASH KEDIA, AGED ABOUT 34 YEARS, AADHAR CARD NO 3 4515 5880 2696 PAN. NO- ASAPK9040Q 2. SMT.PRIYANKA KEDIA, W/O NIKHIL KEDIA, AGED ABOUT 33 YEARS, AADHAR CARD NO-6560 4768 5687 PAN NO- AMSPM5546R APPELLANT NO.1 AND 2 ARE RESIDING AT NO. 275, RAMAYAN, 10TH CROSS, SUNDAR RAM SHETTY NAGAR, VIJAY BANK CO-OP. HOUSING SOCIETY, BILEKAHALLI, BANGALORE - 560 076. &APPELLANTS (BY SMT. P.D.SURANA, ADVOCATE) AND: 1. SRI. SUBASH KEDIA S/O.SRI.MOHAN LAL KEDIA, AGED ABOUT 52 YEARS, AADHAR CARD NO-99169 5531 3375. PAN AGRPK2934N. RESIDING AT NO.795, AYODHYA 11TH MAIN, SUNDAR RAM SHETTY NAGAR, VIJAY BANK CO-OP. HOUSING SOCIETY, BILEKAHALLI, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54705 MFA No. 9329 of 2025 BANGALORE-560 076. 2. SMT.USHA KEDIA, SRI.SUBASHKEDIA, AGED ABOUT 49 YEARS, AADHAR CARD NO-3036 0785 9650. PAN NO-AGRPK2932L. RESIDING AT NO.795, AYODHYA 11TH MAIN, SUNDAR RAM SHETTY NAGAR, VIJAY BANK CO-OP. HOUSING SOCIETY, BILEKAHALLI, BANGALORE-560 076. &RESPONDENTS (BY SRI.PARAS JAIN FOR C/R1 & R2 IN CP NO. 27650/2025) THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 04.12.2025 PASSED ON I.A.NO. 1 IN O.S.NO. 6812/2025 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH - 40), DISMISSING THE IA NO.1 FILED U/O.39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC IN TIME. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT After hearing for some time from both sides, learned counsel for the respondents filed a memo stating that the respondents will not dispossess the appellants from the schedule <A= property except in accordance with law. - 3 - HC-KAR NC: 2025:KHC:54705 MFA No. 9329 of 2025 2. The contents of the memo filed today reads as follows: MEMO The Respondents submits that they will not dispossess the Appellants from Schedule <A= Property, except in accordance with law. (after obtaining valid decree from the competent Court of law). Memo may be taken on record, in the interest of equity and justice.= 3. Therefore, placing the memo on record, the appeal is disposed of directing the respondents not to dispossess and interfere with the business of the appellants on the schedule <A= property and if any dispossession by the respondents that shall be only with due process of law by a Competent Court of law. 4. Whatever observations made in the order passed on I.A.No.1 shall not be made use by the respondents in case the respondents initiate eviction proceedings. Accordingly, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 23