- 1 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 121 OF 2024 C/W COMMERCIAL APPEAL NO. 122 OF 2024 IN COMAP No. 121/2024 BETWEEN: MR. AKARSH S S/O MR H R S REDDY, AGED ABOUT 46 YEARS, PARTNER M/S DAYA ASSOCIATES, NO 564, 16TH MAIN, 4TH MAIN CROSS, 3RD BLOCK KORAMANGALA, BANGALORE 560034 …APPELLANT (BY SRI. K.G. RAGHAVAN, SENIOR ADVOCATE A/W SRI. DEEPAK B, ADVOCATE) AND: 1. MOHAN KUMAR K P S/O LATE MR K M PRABHAKAR REDDY, AGED ABOUT 38 YEARS, PRESENTLY RESIDING AT NO 422, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 2ND CROSS, 17TH H MAIN, 3RD BLOCK KORAMANGALA, BANGALORE 560034 2. M/S DAYA ASSOCIATES HAVING ITS REGISTERED OFFICE AT NO 653, 3RD BLOCK KORAMANGALA, BANGALORE 560034 REPERSENTED BY ITS PARTNER 3. MRS DAYANANDINI K P D/O LATE MR K M PRABHAKAR REDDY, AGED ABOUT 42 YEARS, NO 564, 16TH MAIN 4TH MAIN CROSS, 3RD BLOCK KORAMANGALA, BANGALORE 560034 4. MR K M MUNISWAMY REDDY S/O LATE MR K M MUNI REDDY, AGED ABOUT 57 YEARS, PARTNER M/S DAYA ASSOCIATES, NO 85/2, 17TH CROSS, 24TH MAIN VANGANAHALLI, 1ST SECTOR HSR LAYOUT, BANGALORE 560034 5. M/S MRKR CONSTRUCTIONS AND INDUSTRIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT No.8-268/1/D/A, PLOT NO 7, AURORA COLONY, ROAD NO 3, BANJARA HILLS, HYDERABAD 500034 REPRESENTED BY ITS DIRECTOR, MR MEDA VENKAT RAM REDDY 6. MR MEDA VENKAT RAM REDDY C/O M/S MRKR CONSTRUCTIONS AND - 3 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 INDUSTRIES PVT LTD No. 8-268/1/D/A, PLOT NO 7, AURORA COLONY ROAD NO 3, BANJARA HILLS, HYDERABAD 500034 7. M/S ANUSHKA CONSTRUCTIONS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO 100/1, CITY CENTER OPP TOWN HALL JC ROAD, BANGALORE 560002 REPRESENTED BY ITS DIRECTOR MR AVINASH AMARLAL 8. MR AVINASH AMARLAL MAJOR, C/O M/S ANUSHKA CONSTRUCTIONS PVT LTD, NO 100/1, CITY CENTRE, OPP TOWN HALL, JC ROAD, BANGALORE 56002 …RESPONDENTS (BY SRI. UDAYA HOLLA. SENIOR ADVOCATE A/W SRI. VENKATESH S. ARABATTI, ADVOCATE FOR C/R1 SRI. SANDEEP LAHIRI, ADVOCATE FOR C/R4 & C/R5) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER XL OF THE CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 12/01/2024 (PASSED IN I.A.NO.I) PASSED BY THE COURT OF X ADDL DISTRICT AND SESSION JUDGE, AT BANGALORE RURAL DIST BANGALURU IN COM O.S 438/2023. (ANNEXURE A). - 4 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 IN COMAP NO. 122/2024 BETWEEN: 1. M/S ANUSHKA CONSTRUCTIONS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.100/1, CITY CENTER OPP TOWN HALL J C ROAD, BANGALORE-560002 REPRESENTED BY ITS DIRECTOR MR AVINASH AMARLAL 2. MR AVINASH AMARLAL MAJOR C/O M/S ANUSHKA CONSTRUCTIONS PVT LTD AT NO.100/1,CITY CENTER OPP TOWN HALL, J C ROAD BANGALORE-560002 ...APPELLANTS (BY SRI. AJESH KUMAR, ADVOCATE) AND: 1. MOHAN KUMAR K P S/O LATE MR K M PRABHAKAR REDDY AGED ABOUT 38 YEARS, PRESENTLY RESIDING AT NO.422 2ND CROSS, 17TH H MAIN 3RD BLOCK, KORAMANGALA BANGALORE-560034 2. M/S DAYA ASSOCIATES HAVING ITS REGISTERED OFFICE AT NO.653, 3RD BLOCK KORAMANGALA BANGALORE-560034 REPRESENTED BY ITS PARTNER - 5 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 3. MR AKARSH S S/O MR H R S REDDY AGED ABOUT 46 YEARS, PARTNER M/S DAYA ASSOCIATES NO.564, 16TH MAIN, 4TH MAIN CROSS 3RD BLOCK, KORAMANGALA BANGALORE-560034 4. MRS DAYANADINI K P D/O LATE MR K M PRABHAKAR REDDY AGED ABOUT 42 YEARS NO.564, 16TH MAIN, 4TH MAIN CROSS, 3RD BLOCK KORAMANGALA BANGALORE-560034 5. MR K M MUNISWAMY REDDY S/O LATE MR K M MUNI REDDY AGED ABOUT 57 YEARS PARTNER M/S DAYA ASSOCIATES NO.85/2, 17TH CROSS, 24TH MAIN, VANGANAHALLI 1ST SECTOR, H.S.R LAYOUT BANGALORE-560034 6. M/S MRKR CONSTRUCTIONS AND INDUSTRIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.8-268/1/D/A PLOT NO.7 AURORA COLONY, ROAD NO.3, BANJARA HILLS HYDERABAD-500034 REPRESENTED BY ITS DIRECTOR MR MEDA VENKAT RAM REDDY 7. MR MEDIA VENKAT RAM REDDY C/O M/S MRKR CONSTRUCTIONS AND INDUSTRIES PVT LTD - 6 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 NO.8-268/1/D/A PLOT NO.7 AURORA COLONY, ROAD NO.3 BANJARA HILLS HYDERABAD-500034 ...RESPONDENTS (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE A/W SRI. VENKATESH S. ARBATTI, ADVOCATE FOR C/R1 SRI. SANDEEP LAHIRI, ADVOCATE FOR C/R5 & C/R6) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 12/02/2024 (PASSED IN I.A.NO.I) PASSED BY THE COURT OF XTH ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL, AT BANGALORE (TRIAL COURT) IN COM O.S 438/2023 ANNEXURE-A.. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA COMMON ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. After some arguments, learned counsel for the appellant in COMAP No.121/2024 submits that direction be issued that the parties shall maintain status quo as to the title and possession of the subject property. He further requests that the Trial Court be directed to expedite the trial. - 7 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 2. Learned counsel for the respondents also concur with the said submission. 3. In view of the above, it is directed that the parties shall maintain status-quo as to the title and possession of the subject property till the conclusion of the suit. 4. The observations made in the impugned order shall be construed as observations for the limited purpose of giving an ad- interim order and none of the observations shall be considered as conclusive findings. 5. Subject to feasibility of the Board, the Trial Court is requested to adjudicate the dispute expeditiously. 6. The learned counsel appearing for the appellants in COMAP No.122/2024 requests that it also be clarified that the present order shall not come in the way of the appellants prosecuting a writ petition before this Court, which arises from an order of the Commercial Court dismissing the application Order VII Rule 11 of Code of Civil Procedure, 1908. Needless to state that the present order will not preclude the Court from considering the said petition. The Court may also consider the maintainability of such a petition - 8 - HC-KAR NC: 2026:KHC:7732-DB COMAP No. 121 of 2024 C/W COMAP No. 122 of 2024 and if maintainable, whether any discretionary remedy is required to be exercised having regard to the legislative intent of limiting the appeals under Section 13(1A) of the Commercial Courts Act, 2015. 7. The appeals are dismissed with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS- List No.: 1 Sl No.: 1