- 1 - HC-KAR NC: 2025:KHC:31774-DB COMAP No. 137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 137 OF 2025 BETWEEN: SRI K NARAYANA REDDY, S/O LATE KONAPPA REDDY, AGED ABOUT 67 YEARS, NO. 141/7/8, 4TH MAIN, BSK 3RD STAGE, KATHRIGUPPE, BENGALURU-560 085. …APPELLANT (BY SRI V B SHIVA KUMAR, ADVOCATE) AND: 1. M/S M S K SHELTERS, A PARTNERSHIP BUSINESS CONCERN, HAVING ITS OFFICE AT NO.2, 3RD FLOOR, C.T. BED EXTENSION, B.S.K. 2ND STAGE, BENGALURU-560 070. REP. BY ITS MANAGING PARTNER- SHRI M. SURESH KUMAR, S/O LATE MUNISWAMY, AGED ABOUT 59 YEARS. 2. SRI M.SURESH KUMAR, S/O LATE MUNISWAMY, AGED ABOUT 66 YEARS, MANAGING PARTNER OF M/S. M.S.K. SHELTERS, NO.2, 3RD FLOOR, C.T. BED EXTENSION, B.S.K. 2ND STAGE, BENGALURU-560 070. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31774-DB COMAP No. 137 of 2025 ALSO AT: FLAT NO. 704, SHOBA DEW FLOWER APARTMENT, 4TH CROSS, SARAKKI, J.P. NAGAR 1ST PHASE, BENGALURU-560 078. …RESPONDENTS (BY SRI NISHANTH.A.V, ADVOCATE FOR C/R-1) THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT 2015, PRAYING TO SET ASIDE THE ORDER DATED 06.02.2025 PASSED BY THE COURT OF LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH NO. 90) IN COM.OS NO. 672/2023, PENDING CONSIDERATION AND DISPOSAL OF THE ABOVE APPEAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 06.02.2025 passed by the learned LXXXIX Additional City Civil and Sessions Judge, Bengaluru (CCH- 90) [learned Commercial Court] in Com.OS.No.672/2023 in IA.Nos.2 and 3. 2. The appellant (who is the plaintiff in the said suit) had filed IA.No.2 under Order XXXVIII Rules 5 and 6 of the Code of - 3 - HC-KAR NC: 2025:KHC:31774-DB COMAP No. 137 of 2025 Civil Procedure [CPC] praying that certain immovable properties as mentioned in the said application be attached pending consideration of the its claim. The appellant had also filed IA.No.3 under Section 46 of the CPC for the issuance of precept for the attachment of the properties in question. 3. The learned Commercial Court rejected the said application on the ground that the immovable properties as specified in the schedule did not belong to the respondents (defendants) and therefore, the question of attaching those properties for satisfaction of a decree that could possibly be issued in favour of the appellant, did not arise. 4. The learned counsel for the appellant does not dispute that the properties, which are mentioned in the schedule (the attachment of which was sought) do not belong to the respondent. 5. In this view, we find no grounds to fault the reasoning of the learned Commercial Court. Clearly, properties of third parties cannot be attached for under Order XXXVIII Rules 5 and - 4 - HC-KAR NC: 2025:KHC:31774-DB COMAP No. 137 of 2025 6 of CPC, for satisfaction of a decree that may be passed against the defendant. 6. The learned counsel for the appellant seeks to withdraw the present appeal with liberty to file a fresh application setting out the properties belonging to the respondents. 7. In view of the above, the appeal is dismissed as withdrawn. 8. We clarify that the dismissal of the present appeal would not preclude the appellant from filing a fresh application. We further clarify that nothing stated in this order should be construed as an expression of opinion on the question whether the appellant would be entitled to any such relief. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 38