- 1 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA REVIEW PETITION NO.427 OF 2025 BETWEEN: SHIVA PRAKASH GIRISH SON OF VIRUPAKSHAIAH SHIVA PRAKASH AGED ABOUT 48 YEARS NO.348, 12TH MAIN ROAD, 4TH CROSS, HSR LAY OUT, 5TH SECTOR, BENGALURU - 560 102 …PETITIONER (BY SRI. ANTONY IGNATIUS M.J., ADVOCATE) AND: 1. SRI LIGOURI D’MELLO AGED 62 YEARS S/O LATE SALVADOR D'MELLO RESIDING AT P.O.BOX NO.57 P.C. 328, TECHNOFIT TRADING LLC AI RUMALS, BARKHA SULTANATE OF OMAN 2. SMT. MARY MARGARET D'MELLO AGED 58 YEARS W/O SRI LIGOURI D'MELLO RESIDING AT P.O.BOX NO.57 P.C. 328, TECHOFIT TRADING LLC AI RUMALS, BARKHA SULTANATE OF OMAN 3. EXCELSIOR UNITED HOSPITALITY PVT. LTD UNDER A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 REGISTERED OFFICE AT NO.349, 15TH A CROSS, 6TH MAIN, 6TH SECTOR HSR LAYOUT, BENGALURU - 560 102 PRESENTLY AT NO.348, 12TH MAIN, 4TH CROSS, HSR LAYOUT, 5TH SECTOR, BENGALURU - 5600102 REPRESENTED BY ITS DIRECTORS MS. DIVYA GIRISH AND SHIVA PRAKASH GIRISH 4. KUKUTLA MALLA REDDY AGED MAJOR S/O JANAKIRAM REDDY KUKUTLA R/AT 101, 5TH CROSS, FERNS CITY OPP. TOTAL MALL, DODDANAKUNDI MARATHHALLI COLONY BENGALURU - 560 037 5. VENKATA SURESH REDDY AGED MAJOR S/O VENKU REDDY BIRUDAVOLU R/AT 269, KHB COLONY KORAMANGALA BENGALURU - 560 095 6. MAHESH MUNIYAPPA REDDY AGED MAJOR, S/O MUNIYAPPA HEBBAGODI R/AT NO.53, 5TH A CROSS 21ST MAIN, MCHS COLONY BTM 2ND STAGE BENGALURU - 560 076 7. VALLERU SARITHA, AGED: MAJOR S/O VALLERU BALACHANDRA NAIDU R/AT NO.255, 2ND FLOOR 5TH MAIN, M.S.RAMAIAH CITY NEAR CORPORATION BANK - 3 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 J.P.NAGAR, 8TH PHASE BANNERGATTA ROAD, BENGALURU - 560 076 8. VENUGOPALACHARI MUNAGANTI S/O VISWARUPACHARI MUNAGANTI AGED MAJOR, R/AT 23-1333, BESIDE OLD EXCISE OFFICE TEKAMITTA, NELLORE, DAGAMITTA NELLORE, ANDHRA PRADESH - 524 003 9. GORTHI VIDYA SAGAR AGED MAJOR S/O GORTHI SATYAMURTHY R/AT OLD NO.78, NEW NO.5 NATARAJAN STREET, COLONY, VADAPALANI, CHENNAI - TAMIL NADU - 600 026 10. MOONGLADE RESORTS AND HOTELS LLP A LIMITED LIABILITY PARTNERSHIP FIRM INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, REGISTERED OFFICE AT VILLA NO.809/3, 2ND STREET, FERNS PARADISE, DODDANEKUNDI, MARATHHALLI ORR BENGALURU - 560 037 11. PURLIEU RESORTS AND HOTELS LLP A LIMITED LIABILITY PARTNERSHIP FIRM INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, REGISTERED OFFICE AT VILLA NO.809/3, 2ND STREET, FERNS PARADISE, DODDANEKUNDI, MARATHHALLI O R R BENGALURU - 560 037 12. SMT. DIVYA GIRISH AGED MAJOR W/O SHIVA PRAKASH GIRISH - 4 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 NO.348, 12TH MAIN ROAD, 4TH CROSS, HSR LAY OUT, 5TH SECTOR, BENGALURU - 560 102 …RESPONDENTS (BY SRI. P.N. MANMOHAN, ADVOCATE FOR R2) THIS REVIEW PETITION IS FILED U/S.114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO THE REVIEW PETITIONER MOST HUMBLY PRAYS THAT THIS HONBLE HIGH COURT TO BE PLEASED IN THE ENDS OF JUSTICE TO REVIEW THE ORDER DATED 04.09.2025 PASSED IN WRIT PETITION NO.26936/2025 AND TO PASS OTHER AS IS DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE PRESENT CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner seeks review of an order dated 04.09.2025. The order reads as follows: “ORAL ORDER The respondents were before this court in WP.No.11572/2025. This court recording the pendency of the proceedings from 02.01.2023 and how the respondent has dodged the issue of completion of proceedings by on one pretext or the other, rejected the petition, holding that the dates and events quoted in the order would depict abuse of the process of the law by defendant No.11. The defendant No.11 does not co-operate with the proceedings, but files a civil petition for transfer of case in C.P.No.266/2025. The co-ordinate bench passes the following order: - 5 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 "Having regard to the note Nos.1 to 3 mentioned after the cause title in the petition as also the submission by learned counsel for the petitioner that defendant Nos.2 and 11 who are husband and wife are sailing together vis-à-vis their respective stand before the Tribal Court, the office objection No.2 is overruled. Issue notice to respondent No.1 and respondent Nos.3 to 8. Vakalath is filed on behalf of respondent No.2. Learned counsel for the petitioner seeks for ad interim relief as sought for in I.A.2/2025. Learned counsel for respondent No.2 submits that copies of I.A.2/2025 have not been served. Learned counsel for the petitioner seeks consideration of the oral request that the matter before the Trial Court not be precipitated. The present petition is filed seeking for transfer of Commercial O.S. No.352/2020 from the Court of 89th Additional City Civil Judge and Sessions Judge, Bengaluru (CCH-90) and to assign the same to an another Commercial Court. The petitioner while seeking for the said relief has sought to place on record various dates and stages of the proceedings before the Trial Court and has also contended that the nature of orders passed while rejecting certain interim applications are questionable. It is pertinent to note here that the petitioner himself has stated that being aggrieved by the dismissal of the interim applications, various writ petitions are filed before this Court under Article 227 of the Constitution of India. The petitioner having availed the appropriate remedy under law, calling in question the orders that he seeks to impugned that have been passed by the Trial Court, at the present stage of proceedings, more particularly keeping in mind the nature of assertions that have been made in the present petition, this Court is of the considered opinion that the petitioner has not made out any ground for grant ad-interim relief at the present stage. Hence, the request made for ad-interim relief at the present stage is rejected." - 6 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 No stay is granted of the pending proceedings. They again fail. Another attempt is made by filing a memo before the concerned court contending that there are proceedings pending before the High Court. Therefore, the matter is subjudice. In that light, the proceedings should be stalled. This time defendant No.2, husband of defendant No.11 succeeds, as the concerned court passes the following order on the memo: "08. In considering the submission of the learned Sr. counsel and taking note of the order sheets and the submission of the plaintiff, I am of the view that this Court being the Court of first instance has to wait for a while so that the Hon'ble High Court of Karnataka can pass orders upon the pending issues in W.P.No.20256/2025 and C.P.No.266/2025. 09. To come to such a conclusion I rely upon the observation of Hon'ble Bombay High Court in W.P.No.7502 OF 2006 wherein it is held that when the Appellate Court ceased the matter, it is expected of the subordinate courts to stay their hands away. Accordingly, Memo stands allowed. Await orders by 06.09.2025." Therefore, the attempt of defendant Nos.11 or 2, the husband and wife is to somehow stall the proceedings or drag the proceedings beyond a limit. In that light, the order passed by the concerned court shall remain stayed with a direction to the concerned court to proceed with the proceedings further, failing which, it would be putting a premium on the usage of tactics to become an abuse of the process of the law.” - 7 - HC-KAR NC: 2026:KHC:34357 RP No. 427 of 2025 2. This Court grants an interim order of stay. There can be no review of an interim order of stay that is granted. It is always open to the petitioner to seek vacation of the interim order by filing an appropriate application before the Co-ordinate Bench where the matter is pending. 3. In that light, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 164