- 1 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5102 OF 2026 (CPC) BETWEEN: 1. M/S. ESTEEN ICON BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS UNIT 32, 33 AND 34 3RD FLOOR, AT SNS CHAMBERS NO.239, SANKEY ROAD SADASHIV NAGAR BENGALURU - 560 080 REPRESENTED BY ITS PARTNER. 2. M/S. ESTEEM ROYALE BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.32/34, 3RD FLOOR, SNS CHAMBER SANKEY ROAD, SADASHIV NAGAR BANGALORE - 560 080 REPRESENTED BY ITS PARTNER. 3. M/S. ESTEEM ALCHEMY BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT UNIT 32, 33, AND 34, 3RD FLOOR SNS CHAMBERS, NO.239 SANKEY ROAD, SADASHIV NAGAR BANGALORE - 560 080 REPRESENTED BY ITS PARTNER. …APPELLANTS (BY SRI SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR SRI P. CHINNAPPA, ADVOCATE AND SRI SUADAT AHMAD KIRMANI, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 AND: 1. SUNIL S. BATHIJA S/O. LATE SHAMSUNDER BATHIJA AGED ABOUT 55 YEARS R/AT HOUSE NO.7, 9TH MAIN SADASHIV NAGAR, BANGALORE - 560 080. 2. SMT. SUNITA BATHIJA W/O. LATE SHAMSUNDER BATHIJA, AGED ABOUT 79 YEARS PAN NO. AGZPB0172F R/AT NO.46 E, FAIRFIELD LAYOUT RACECOURSE ROAD BANGALORE - 560 001. 3. ANIL S. BATHIJA, S/O. LATE SHAMSUNDER BATHIJA AGED ABOUT 53 YEARS PAN NO. ADHPV4234H R/ AT NO.46 E, FAIRFIELD LAYOUT RACECOURSE ROAD BANGALORE - 560 001. 4. BATHIJA ENTERPRISES PAN NO. AADHS2633A BEING A PROPRIETARY CONCERN REPRESENTED BY SMT. SUNITA DEVI HAVING PLACE OF BUSINESS AT NO.2 SHOUKAT BUILDINGS, SJP ROAD BANGALORE - 560 002. 5. BATHIJA BROTHERS PAN NO. AGZPB0172F BEING A PROPRIETARY CONCERN REPRESENTED BY SMT. SUNITA DEVI HAVING PLACE OF BUSINESS AT NO.2 SHOUKAT BUILDINGS SJP ROAD, BANGALORE - 560 002. - 3 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 6. ANIL S. BATHIJA HUF HAVING ITS PLACE OF BUSINESS AT NO.46 E, FAIRFIELD LAYOUT AND RACECOURSE ROAD, BANGALORE - 560 001 REPRESENTED BY ANIL S. BATHIJA. 7. MONISHA BATHIJA W/O. ANIL S BATHIJA AGED ABOUT 50 YEARS R/AT NO.46 E, F2IRFIELD LAYOUT RACECOURSE ROAD BANGALORE - 560 001. 8. SHAMSUNDER BATHIJA MAJOR HUF PAN NO. AADHS2633A HAVING ITS PLACE OF BUSINESS AT NO.46 FAIRFIELD LAYOUT, RACECOURSE ROAD BANGALORE - 560 001. 9. SHAMSUNDER BATHIJA MINOR HUF PAN NO.AAIHS1123C HAVING ITS PLACE OF BUSINESS AT NO.46 E, FAIRFIELD LAYOUT RACECOURSE ROAD BANGALORE - 560 001. 10. PERFECT HEAT TREATMENT WORKS. BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT 54, PALACE ROAD BANGALORE - 560 052. 11. CSR PROMOTERS PVT. LTD. BEING COMPANY INCORPORATED UNDER THE COMPANIES ACT-1956 HAVING ITS REGISTERED OFFICE AT NORTH PARK ROAD BANGALORE - 560 001 - 4 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE. 12. SNS PLAZA BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.41, KUMARA KRUPA ROAD BANGALORE - 560 001 REPRESENTED BY ITS PARTNER. 13. M/S. ESTEEM CLASSIC BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.32, 33 AND 34, NO.239 SNS CHAMBERS, SANKEY ROAD SADASHIV NAGAR, BANGALORE - 560 080. REPRESENTED BY ITS PARTNER 14. M/S. ESTEEM SPLENDOR BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.32,33 AND 34 NO.239, SNS CHAMBERS SANKEY ROAD, SADASHIV NAGAR BANGALORE - 560 080 REPRESENTED BY ITS PARTNER. 15. M/S. CENTURION SOFTWARE SOLUTIONS PRIVATE LIMITED BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS PLACE OF BUSINESS AT NO.32, 33 AND 34 NO.239, SNS CHAMBERS SANKEY ROAD, SADASHIV NAGAR BANGALORE - 560 080. 16. M/S. RAJESH ENGINEERING PRIVATE LIMITED BEING A COMPANY INCORPORATED - 5 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 UNDER THE COMPANIES ACT 1956 HAVING ITS PLACE OF BUSINESS NO.32, 33 AND 34, NO.239 SNS CHAMBERS, SANKEY ROAD SADASHIV NAGAR, BANGALORE - 560 080 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE. 17. SEVEN HEADS BEING A REGISTERED PARTNERSHIP FINN HAVING ITS PLACE OF BUSINESS AT NO.20, 20TH MAIN ROAD SAHAKARANAGAR BENGALURU - 560 092 REPRESENTED BY ITS PARTNER. 18. INFANTRY HOMES BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT 4TH FLOOR, NO.71, ESTEEM TOWERS, RAILWAY PARALLEL ROAD KUMARA PARK WEST BANGALORE - 560 001 REPRESENTED BY ITS PARTNER. 19. ARYAKA. NETWORKS INDIA PVT. LTD. COMPANY INCORPORATED UNDER COMPANIES ACT NO.3K, KORAMANGALA INDUSTRIAL LAYOUT BENGALURU - 560 079 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE. 20. JYOTHI FABRIC CARE SERVICE PVT. LTD BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS PLACE OF BUSINESS AT UJALA HOUSE, RAMAKRISHNA MANDIR ROAD KONDIVITA ANDARI (EAST) - 6 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 MUMBAI - 400 059 BANGALORE BRANCH OFFICE NO.356/20-6 ESTEEM PLAZA, 13TH CROSS 4TH MAIN, SADASHIV NAGAR BANGALORE - 560 080 REPRESENTED BY ITS DIRECTOR. 21. DHV VENTURES BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.356/20-6, ESTEEM PLAZA 13TH CROSS, 4TH MAIN SADASHIV NAGAR BANGALORE - 560 080 REPRESENTED BY ITS PARTNER. …RESPONDENTS THIS MFA FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 17.09.2024 AND 08.06.2026 PASSED ON IA.NOS.1 AND 2 IN O.S.NO.6619/2024 BY VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Heard Sri V.Srinivasan Raghavan, learned Senior Counsel appearing on behalf of Sri P.Chinnappa, learned counsel for appellants. 2. This appeal is preferred by the appellants, who are defendant Nos.11 to 13 before the trial Court, challenging the order dated 17.09.2024 passed on I.A.Nos.1 and 2 in O.S.No.6619/2024 by VII Additional City Civil and Sessions Judge, Bengaluru (for short, 'trial Court') and the subsequent order dated 08.06.2026 passed in the very same suit, whereby the trial Court extended the operation of the interim order granted on I.A.Nos.1 and 2 until further orders. 3. This Court does not find any need or necessity to issue notice to the respondents, as it is not inclined to pass any adverse order against them. - 8 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 4. Learned Senior Counsel for appellants fairly submits that the appellants would be satisfied if a direction is issued to the trial Court to expeditiously dispose of I.A.Nos.9 to 14, filed by them under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (for short, 'CPC'), seeking vacation of the interim order granted on I.A.Nos.1 and 2. 5. It is contended by the learned Senior Counsel for appellants that the interim order came to be passed on 17.09.2024. Thereafter, upon entering appearance, defendant Nos.11 to 13 filed I.A.Nos.9 to 14 on 10.12.2024 under Order XXXIX Rule 4 of CPC, seeking vacation of the interim order granted on I.A.Nos.1 and 2. Despite the said applications having been filed as early as 10.12.2024, the trial Court has continued to extend the interim order from time to time. 6. It is submitted that the appellants had concluded their arguments on 19.01.2026, as is evident from the - 9 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 order sheet placed on record and thereafter, the matter was posted for the reply arguments of the plaintiffs on I.A.Nos.8 to 15 and I.A.No.20. However, despite several adjournments having been granted at the instance of the plaintiff, no further progress has been made in the hearing of the said applications. Learned Senior Counsel for appellants has also expressed urgency in the matter and has sought expeditious consideration of the pending applications. 7. Be that as it may, once an interim order is granted on I.A.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of CPC, it is the duty and obligation of the trial Court to dispose of the applications expeditiously. The trial Court is expected to make an endeavour to decide such applications within a period of thirty (30) days from the date of granting the interim order. 8. However, in the present case, after granting the interim order on 17.09.2024 and despite the appellants - 10 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 having filed I.A.Nos.9 to 14 on 10.12.2024 seeking vacation of the interim order and having concluded their arguments on 19.01.2026, the trial Court has proceeded to extend the operation of the interim order until further orders by its order dated 08.06.2026, which may not be the correct procedure to be followed by the trial Court. 9. Be that as it may, without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the present appeal with a direction to the trial Court to hear respondent No.1– plaintiff and thereafter, proceed to pass appropriate orders on the pending applications as expeditiously as possible, in accordance with law. 10. Accordingly I pass the following: ORDER i. This appeal is disposed of; ii. The trial Court is directed to hear both sides, namely, the plaintiff and the contesting - 11 - HC-KAR CNR: KAHC010462832026 NC: 2026:KHC:39670 MFA No. 5102 of 2026 defendants and thereafter, pass appropriate orders on I.A.Nos.9 to 14, filed by the appellants-defendant Nos.11 to 13 under Order XXXIX Rule 4 of CPC, in accordance with law, within a period of thirty (30) days from the date of receipt of a copy of this order; iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 11