Karnataka High Court
COMAP/432/2026 of MR. MOHAMMED SHAHABUDDIN Vs MRS R ISPAHANI on 21 September 2026
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
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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