Karnataka High Court

COMAP/432/2026 of MR. MOHAMMED SHAHABUDDIN Vs MRS R ISPAHANI on 21 September 2026

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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.

HC-KAR

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

HC-KAR

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

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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, filed by the plaintiff in Com.O.S.No.388/2025, whereby the defendant has been restrained from carrying out any further demolition,

HC-KAR

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

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