- 1 - HC-KAR NC: 2025:KHC:43323 MFA No. 6571 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6571 OF 2025 (CPC) BETWEEN: M/S ISR INFRA, A PARTNERSHIP FIRM DULY REGISTERED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT, HAVING ITS REGISTERED OFFICE AT NO.245, BDA LAYOUT, 4TH SECTOR, HSR LAYOUT, BENGALURU – 560 102 REPRESENTED BY ITS MANAGING PARTNER SRI. K. INDRASENA REDDY …APPELLANT (BY SRI. RAVINDRA BABU K.C, ADVOCATE) AND: 1. SMT. K.A. NIRMALA W/O SHANTHA KUMAR AGED ABOUT 77 YEARS R/AT NO. 75/1, 3RD MAIN, AMRUTHA KUNJ, P.P. LAYOUT, BANASHANKARI 3RD STAGE, BENGALURU – 560 085. 2. SRI P.RAJASHEKAR S/O RAGHAVA REDDY, AGED ABOUT 34 YEARS, R/AT NO. 80, 17TH C MAIN, SECTOR - 4, HSR LAYOUT, BENGALURU – 560 102 …RESPONDENTS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43323 MFA No. 6571 of 2025 THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 07.07.2025 PASSED ON I.A.NO 4 IN Ex.NO. 2238/2023 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-45), REJECTING THE OBSTRUCTOR APPLICATION FILED UNDER ORDER 21 RULE 97 READ WITH 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 objection regarding the maintainability of the appeal. The impugned order is passed under Order XXI Rule 97 read with Section 151 of CPC; therefore, the appeal in Miscellaneous First Appeal filed under Order XLIII Rule 1 of CPC, 1908 is not maintainable. Accordingly, the appeal is dismissed as not maintainable. Also, the liberty is reserved to the appellant to challenge the said order in accordance with law. - 3 - HC-KAR NC: 2025:KHC:43323 MFA No. 6571 of 2025 The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. Registry is directed to return all the original copies to the appellant/counsel for the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 2