Karnataka High Court
Sri K Narayana Reddy vs M/S M S K Shelters on 18 August, 2025
-1-
NC: 2025:KHC:31774-DB
COMAP No. 137 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 137 OF 2025
BETWEEN:
SRI K NARAYANA REDDY,
S/O LATE KONAPPA REDDY,
AGED ABOUT 67 YEARS,
NO. 141/7/8, 4TH MAIN,
BSK 3RD STAGE, KATHRIGUPPE,
BENGALURU-560 085.
...APPELLANT
(BY SRI V B SHIVA KUMAR, ADVOCATE)
AND:
1. M/S M S K SHELTERS,
Digitally signed A PARTNERSHIP BUSINESS CONCERN,
by NANDINI R HAVING ITS OFFICE AT NO.2,
Location: 3RD FLOOR, C.T. BED EXTENSION,
HIGH COURT
OF B.S.K. 2ND STAGE, BENGALURU-560 070.
KARNATAKA REP. BY ITS MANAGING PARTNER-
SHRI M. SURESH KUMAR,
S/O LATE MUNISWAMY,
AGED ABOUT 59 YEARS.
2. SRI M.SURESH KUMAR,
S/O LATE MUNISWAMY,
AGED ABOUT 66 YEARS,
MANAGING PARTNER OF M/S. M.S.K. SHELTERS,
NO.2, 3RD FLOOR, C.T. BED EXTENSION,
B.S.K. 2ND STAGE, BENGALURU-560 070.
-2-
NC: 2025:KHC:31774-DB
COMAP No. 137 of 2025
HC-KAR
ALSO AT:
FLAT NO. 704, SHOBA DEW FLOWER
APARTMENT, 4TH CROSS, SARAKKI,
J.P. NAGAR 1ST PHASE,
BENGALURU-560 078.
...RESPONDENTS
(BY SRI NISHANTH.A.V, ADVOCATE FOR C/R-1)
THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER
SECTION 13(1)(A) OF COMMERCIAL COURT ACT 2015,
PRAYING TO SET ASIDE THE ORDER DATED 06.02.2025
PASSED BY THE COURT OF LXXXIX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AT BENGALURU (CCH NO. 90) IN
COM.OS NO. 672/2023, PENDING CONSIDERATION AND
DISPOSAL OF THE ABOVE APPEAL.
THIS APPEAL, 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 JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning
an order dated 06.02.2025 passed by the learned LXXXIX
Additional City Civil and Sessions Judge, Bengaluru (CCH-
90) [learned Commercial Court] in Com.OS.No.672/2023 in
IA.Nos.2 and 3.
2. The appellant (who is the plaintiff in the said suit) had
filed IA.No.2 under Order XXXVIII Rules 5 and 6 of the Code of
NC: 2025:KHC:31774-DB
HC-KAR
Civil Procedure [CPC] praying that certain immovable properties
as mentioned in the said application be attached pending
consideration of the its claim. The appellant had also filed
IA.No.3 under Section 46 of the CPC for the issuance of precept
for the attachment of the properties in question.
3. The learned Commercial Court rejected the said
application on the ground that the immovable properties as
specified in the schedule did not belong to the respondents
(defendants) and therefore, the question of attaching those
properties for satisfaction of a decree that could possibly be
issued in favour of the appellant, did not arise.
4. The learned counsel for the appellant does not dispute
that the properties, which are mentioned in the schedule (the
attachment of which was sought) do not belong to the
respondent.
5. In this view, we find no grounds to fault the reasoning of
the learned Commercial Court. Clearly, properties of third
parties cannot be attached for under Order XXXVIII Rules 5 and
NC: 2025:KHC:31774-DB
HC-KAR
6 of CPC, for satisfaction of a decree that may be passed
against the defendant.
6. The learned counsel for the appellant seeks to withdraw
the present appeal with liberty to file a fresh application setting
out the properties belonging to the respondents.
7. In view of the above, the appeal is dismissed as
withdrawn.
8. We clarify that the dismissal of the present appeal would
not preclude the appellant from filing a fresh application. We
further clarify that nothing stated in this order should be
construed as an expression of opinion on the question whether
the appellant would be entitled to any such relief.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
NR/-
