- 1 - HC-KAR NC: 2025:KHC:36563 MFA No. 8371 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8371 OF 2024 (CPC) BETWEEN: SRI KRISHNA MURTHY V AGED ABOUT 58 YEARS, S/O. MR. VENUGOPAL NAIDU, NO.121/26, 16TH MAIN ROAD, BSK I STAGE, HANUMANTHNAGAR, BENGALURU - 560 050. …APPELLANT (BY SMT. SHOBHA S BHAVIKATTI, ADVOCATE) AND: 1. M/S. SHREE SAI AYUSH ENTERPRISES A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT: OAK 05, OAK TREE PALACE, BRIGADE MILLENIUM, J.P. NAGAR, 7TH PHASE, PUTTENAHALLI, BENGALURU-560 078. REPRESENTED BY ITS PARTNER MR. PRAKASH 2. MR H. GURUSWAMY AGED ABOUT 72 YEARS, S/O. LATE V. HANUMAPPA, NO.332, 10TH 'A' MAIN, 3RD BLOCK, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36563 MFA No. 8371 of 2024 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 12.11.2024 PASSED ON I.A.NO. 3 IN COM.AA.NO.1/2024 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, C/C ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE IA.NO.3 FILED UNDER ORDER 39 RULE 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 learned counsel for appellant seeks permission to convert this Miscellaneous First Appeal into Commercial Appeal. 2. Permission is granted. 3. The learned counsel for appellant is permitted to convert this Miscellaneous First Appeal into Commercial Appeal. 4. For all statistical purposes, this Miscellaneous First Appeal is shown as disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 19