- 1 - HC-KAR CNR: KAHC010628102026 NC: 2026:KHC:50010 MFA No. 6639 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6639 OF 2026 (CPC) BETWEEN: 1. M/S. ATHAADVI TECH PRECISION PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.245, 8TH CROSS, PEENYA INDUSTRIAL AREA, 3RD PHASE, BENGALURU - 560 058, REP. BY ITS MANAGING DIRECTOR, MR. D. MURALIDHARA 2. MR. D. MURALIDHARA, 62 YEARS, MANAGING DIRECTOR, M/S. ATHAADVI TECH PRECISION PVT. LTD., S/O SRI. DASEGOWDA, R/AT NO.1041/C, 4TH BLOCK, DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE - 560 010. …APPELLANTS (BY SRI. BASAVARAJAPPA D.R, ADVOCATE) AND: M/S. VIJAYAMALA ENGINEERING WORKS A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.1036, "SADVICHE 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. REP. BY ITS PARTNER Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010628102026 NC: 2026:KHC:50010 MFA No. 6639 of 2026 B. CHETAK SHETTY, 47 YEARS., S/O LATE B. SANJEEVA SHETTY, R/AT NO.1036, SADVICHE, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENT THIS MFA IS FILED U/O.43(1) R/W SEC 2(1) (aa) COMMERCIAL APPELLATE DIVISION, AGAINST THE JUDGMENT AND DECREE DATED.31-07-2026 PASSED IN COM. MISC.NO. 2/2026 ON THE FILE OF THE LXXXVII ADDITIONAL CITY CIVIL AND SESSION JUDGE, BENGALURU ALLOWING THE PETITION FILED UNDER ORDER IX RULE 13 R/W SEC 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants is present. 2. Registry has raised objection regarding the maintainability of the appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure. The said objection is not disputed by the learned counsel for respondents. - 3 - HC-KAR CNR: KAHC010628102026 NC: 2026:KHC:50010 MFA No. 6639 of 2026 3. The objection raised by Registry is sustained. Consequently, the appeal is held to be not maintainable. Accordingly, the appeal is dismissed as not maintainable. 4. Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum. 5. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. 6. Registry shall return the certified copies to the learned counsel for appellants. Sd/- (PRADEEP SINGH YERUR) JUDGE GJM List No.: 1 Sl No.: 13