- 1 - HC-KAR NC: 2025:KHC:28891 MFA No. 5566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5566 OF 2025 (CPC) BETWEEN: 1. M/S. SRI. DURGA PERFUMERY WORKS 43, SUBRAMANYA LANE, AKKIPET, BANGALORE – 560 053, REP. BY ITS MANAGING PARTNER, MR.S.P.KIRAN, (APPELLANT NO3) S/O S.PADMANABHA 2. SRI. PADMANABHA.S S/O GUNDIAH SHETTY AGED ABOUT 78 YEARS, 3. SRI. S. P KIRAN S/O SRI PADMANABHA AGED ABOUT 54 YEARS, 4. SMT. H.R RANGALAXMI W/O SRI. PADMANABHA AGED ABOUT 73 YEARS, 5. SMT. GAYATHRI S KIRAN W/O SRI KIRAN S P AGED ABOUT 52 YEARS, APPELLANTS NO.2 TO 5 ARE R/AT NO10/2 SURYA KIRAN VISHVESWARAPURAM, RAMA IYENGAR ROAD, BANGALORE – 560 004. …APPELLANTS (BY SRI. RANGANATH REDDY.R, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28891 MFA No. 5566 of 2025 AND: 1. SMT. ANITHA W/O SRI RAMESH KUMAR, AGED ABOUT 46 YEARS, 2. SRI. RAMESH KUMAR, AGED ABOUT 44 YEARS, S/O CHAMPALALL, R/AT MATRU CHAYA, 1ST MAIN ROAD, SRIRAMPURAM EXTENSION, SHESHADRIPURAM, BANGALORE -560 020. …RESPONDENTS THIS MFA FILED U/O.43 RULE 1(d) OF CPC, AGAINST THE ORDER DT.16.07.2025 PASSED IN MISC.NO.977/2022 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (SCCH-5), DISMISSING THE PETITION FILED U/O.9 RULE 7 R/W SEC.151 OF CPC.IN TIME. 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 appellants has filed a memo with a request to convert this Miscellaneous First Appeal into a Writ Petition. 2. The said memo is allowed. - 3 - HC-KAR NC: 2025:KHC:28891 MFA No. 5566 of 2025 3. Learned counsel for the appellants is permitted to convert this Miscellaneous First Appeal into a Writ Petition. 4. The learned counsel for the appellants shall comply with all the office objections as if raised in the Writ Petition. 5. For statistical purposes, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 9