- 1 - HC-KAR CNR: KAHC010626162026 NC: 2026:KHC:51616-DB COMAP No. 432 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 432 OF 2026 BETWEEN: 1. MR. MOHAMMED SHAHABUDDIN S/O MOHAMMED SHAFFI AGED ABOUT 46 YEARS R/AT NO.35/4 OPP. THIRD WAVE COFFEE CUNNINGHAM ROAD BENGALURU-560001 …APPELLANT (BY SRI MUZAFFAR AHMED, ADVOCATE) AND: 1. MRS. R ISPAHANI W/O SYED ALI ISPAHANI AGED ABOUT 68 YEARS R/AT NO.123/124 NUNGAMBHAKKAM HIGH ROAD NUNGAMBAKKAM CHENNAI-600034 …RESPONDENT (BY SMT. AKSHATHA DEVADIGA, ADVOCATE FOR SRI SHRIHARI K, ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010626162026 NC: 2026:KHC:51616-DB COMAP No. 432 of 2026 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT READ WITH ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE COMMON ORDER DATED 12.08.2026 IN COMMERCIAL O.S.NO.388/2025 ON THE FILE OF LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVELY DEDICATED COMMERCIAL COURT) AT BENGALURU (CCH-88) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal under Section 13(1A) of the Commercial Courts Act, 2015 has been filed impugning the order dated 12.08.2026 passed on I.A.No.II, which was an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 filed by the plaintiff in Com.O.S.No.388/2025, whereby the defendant has been restrained from carrying out any further demolition, - 3 - HC-KAR CNR: KAHC010626162026 NC: 2026:KHC:51616-DB COMAP No. 432 of 2026 construction or alteration of the tenanted premises till disposal of the suit. 2. We do not think that this order requires interference by this Court. Accordingly, the appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BKV CT:SN List No.: 2 Sl No.: 3