Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 80 OF 2025 BETWEEN:
1. SRI KRISHNA MURTHY V
AGED ABOUT 59 YEARS S/O. MR. VENUGOPAL NAIDU NO.121/26, 16TH MAIN ROAD BSK I STAGE, HANUMANTHNAGAR BENGALURU - 560 050 …APPELLANT (BY SMT. SHOBHA BHAVIKATTI, ADVOCATE) AND: Digitally signed by 1. M/S SHREE SAI AYUSH ENTERPRISES SRIDEVI S Location: A REGISTERED PARTNERSHIP FIRM High Court REGISTERED UNDER THE PROVISIONS OF of Karnataka THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT: OAK 05, OAK TREE PALACE BRIGADE MILLENIUM, J.P. NAGAR, 7TH PHASE PUTTENAHALLI, BENGALURU - 560 078 REPRESENTED BY ITS PARTNER MR. PRAKASH -2-
2. MR. H. GURUSWAMY AGED ABOUT 72 YEARS S/O. LATE V. HANUMAPPA NO.332, 10TH 'A' MAIN 3RD BLOCK, JAYANAGAR BENGALURU - 560 011 …RESPONDENTS
(BY SRI MUKKANNAPPA S.B., ADVOCATE FOR R-1 & R-2 IS SERVED & UNREPRESENTED) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 AND 37 (1)
(b) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET-ASIDE THE ORDER DATED 12.11.2024 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MYSURU ON IA NO.4 IN COM.A.A. NO.1/2024 AND GRANT AN
ORDER OF INTERIM MEASURES IN TERMS OF IA NO.4 IN
COM.A.A. NO.1/2024 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned counsel appearing for the appellant submits that
the present appeal has been filed against an interim order. -3- However, thereafter a final order has been passed. Therefore, the present appeal has become infructuous. She seeks to withdraw the same.
2. Accordingly, appeal is dismissed as withdrawn.
3. Pending applications stand disposed of. (VIBHU BAKHRU) CHIEF JUSTICE (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 12