- 1 - HC-KAR NC: 2026:KHC-D:205-DB COMAP No. 100007 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI COMMERCIAL APPEAL NO.100007 OF 2021 BETWEEN: SHUBHA G. KANCHIMUT, W/O. KANCHIMUT, AGED ABOUT 58 YEARS, R/AT 1063/60A, 1ST MAIN, 5TH CROSS, OPP. TO KARUMARIYAMMA TEMPLE, VIDYARANYAPURAM, MYSURU – 570 008. …APPELLANT (BY SRI. C.M. JAGADEESH, SRI. VEERABADRASWAMY & SRI. NAGARJUN J., ADVOCATES) AND: 1. SMT. AKKAMMA @ JAYADEVI, W/O. SHIVARAJAIAH, C/O. VIJAYKUMAR P. C., P.W.D. QUARTERS NEAR PWDIB MANTRALAYA ROAD, RAICHURU (PO) RAICHUR TQ AND DISTRICT ALSO R/AT R/O.6, NEAR KOTE ANJANAEYA TEMPLE, KARATAGI VILLAGE, GANGAVATHI TQ., KOPPAL DISTRICT – 583 227. 2. SRI. RAVI, S/O. SHIVARAJAIAH, AGED ABOUT 44 YEARS, R/O. 6, NEAR KOTE ANJANAEYA TEMPLE, KARATAGI VILLAGE, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:205-DB COMAP No. 100007 of 2021 GANGAVATHI TQ., KOPPAL DISTRICT – 583 227. 3. SRI. VEERESH, S/O. VEERBHADRAPPA TALURU, AGED ABOUT 40 YEARS, R/O. WARD NO.2, AACHARA - NARASAPUR VILLAGE, GANGAVATHI TQ., KOPPAL DISTRICT – 583 227. 4. A. B. M/S. BHEEMA INFRA, A PARTNERSHIP FIRM, 2/758, VIDYANAGARA, ADONI, KARNUL DISTRICT ANDRAPRADESH-518301 REPRESENTED BY VITTA ASHWIN, S/O. VITTA RAMESHKUMAR, KOTRA VENAGOPAL S/O. KOTRA VENKATESHAIAH, BOTH ARE C/O: 2/758, VIDYANAGAR, ADONI, KARNUL DIST, ANDRAPRADESH – 518 301. …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, SRI. CHETAN PATIL, and SRI. MRITYUNJAY R. YARAGAMBLIMATH, ADVS FOR R1 SRI. SHIVARAJ S. BALLOLI, ADV. FOR R3 SRI. SRINIVAS B. NAIK, ADV. FOR R4 & R4(A)) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) OF INDIAN ARBITRATION AND CONCILIATION ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) AT BALLARI IN COM. A.A.NO.7/2020 DATED 02.02.2021, INSOFAR AS THE REFUSING INTERIM INJUNCTION AGAINST THE RESPONDENT NO.4 ONLY AND THEREBY GRANT INTERIM INJUNCTION, AGAINST THE RESPONDENT NO.4 ALSO, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:205-DB COMAP No. 100007 of 2021 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) The appeal is of the year 2021. None appears for the appellant. 2. The counsel for respondents No.1, 3, and 4 together submit that the matter has now been referred to arbitration and hence, the appeal has become infructuous. For the aforementioned reason, the appeal is dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE KMS / CT-ASC List No.: 1 Sl No.: 1