Shubha G. Kanchimut W/O. Kanchimut vs Smt. Akkamma Alias Jayadevi W/O. ...
2026 Latest Caselaw 149 Kant

Karnataka High Court

Shubha G. Kanchimut W/O. Kanchimut vs Smt. Akkamma Alias Jayadevi W/O. ... on 9 January, 2026

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                                                            NC: 2026:KHC-D:205-DB
                                                        COMAP No. 100007 of 2021


                      HC-KAR


                           IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                               DATED THIS THE 9TH DAY OF JANUARY, 2026
                                               PRESENT
                                  THE HON'BLE MR. JUSTICE M.I.ARUN
                                                  AND
                             THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
                                 COMMERCIAL APPEAL NO.100007 OF 2021
                      BETWEEN:

                      SHUBHA G. KANCHIMUT,
                      W/O. KANCHIMUT,
                      AGED ABOUT 58 YEARS,
                      R/AT 1063/60A, 1ST MAIN, 5TH CROSS,
                      OPP. TO KARUMARIYAMMA TEMPLE,
                      VIDYARANYAPURAM,
                      MYSURU - 570 008.
                                                                      ...APPELLANT
                      (BY SRI. C.M. JAGADEESH, SRI. VEERABADRASWAMY &
                               SRI. NAGARJUN J., ADVOCATES)
                      AND:

                      1.   SMT. AKKAMMA @ JAYADEVI,
Digitally signed by
                           W/O. SHIVARAJAIAH,
VISHAL NINGAPPA
PATTIHAL
                           C/O. VIJAYKUMAR P. C.,
Location: High             P.W.D. QUARTERS NEAR PWDIB
Court of Karnataka,
Dharwad Bench,             MANTRALAYA ROAD, RAICHURU (PO)
Dharwad
                           RAICHUR TQ AND DISTRICT
                           ALSO R/AT R/O.6, NEAR KOTE
                           ANJANAEYA TEMPLE, KARATAGI VILLAGE,
                           GANGAVATHI TQ.,
                           KOPPAL DISTRICT - 583 227.

                      2.   SRI. RAVI, S/O. SHIVARAJAIAH,
                           AGED ABOUT 44 YEARS,
                           R/O. 6, NEAR KOTE
                           ANJANAEYA TEMPLE,
                           KARATAGI VILLAGE,
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                                      NC: 2026:KHC-D:205-DB
                                  COMAP No. 100007 of 2021


HC-KAR


     GANGAVATHI TQ.,
     KOPPAL DISTRICT - 583 227.

3.   SRI. VEERESH,
     S/O. VEERBHADRAPPA TALURU,
     AGED ABOUT 40 YEARS,
     R/O. WARD NO.2,
     AACHARA - NARASAPUR VILLAGE,
     GANGAVATHI TQ.,
     KOPPAL DISTRICT - 583 227.

4.   M/S. BHEEMA INFRA,
     A PARTNERSHIP FIRM,
     2/758, VIDYANAGARA,
     ADONI, KARNUL DISTRICT
     ANDRAPRADESH-518301
     REPRESENTED BY

A.   VITTA ASHWIN,
     S/O. VITTA RAMESHKUMAR,

B.   KOTRA VENAGOPAL
     S/O. KOTRA VENKATESHAIAH,

     BOTH ARE C/O: 2/758,
     VIDYANAGAR, ADONI,
     KARNUL DIST, ANDRAPRADESH - 518 301.
                                             ...RESPONDENTS

(BY SRI. SHIVARAJ S. BALLOLI, SRI. CHETAN PATIL, and
         SRI. MRITYUNJAY R. YARAGAMBLIMATH, ADVS FOR R1
    SRI. SHIVARAJ S. BALLOLI, ADV. FOR R3
    SRI. SRINIVAS B. NAIK, ADV. FOR R4 & R4(A))

     THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1) OF INDIAN ARBITRATION AND CONCILIATION ACT
PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL
COURT) AT BALLARI IN COM. A.A.NO.7/2020 DATED
02.02.2021, INSOFAR AS THE REFUSING INTERIM INJUNCTION
AGAINST THE RESPONDENT NO.4 ONLY AND THEREBY GRANT
INTERIM INJUNCTION, AGAINST THE RESPONDENT NO.4 ALSO,
IN THE INTEREST OF JUSTICE AND EQUITY.
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                                             NC: 2026:KHC-D:205-DB
                                         COMAP No. 100007 of 2021


 HC-KAR


    THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       THE HON'BLE MR. JUSTICE M.I.ARUN
             AND
             THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

The appeal is of the year 2021. None appears for the

appellant.

2. The counsel for respondents No.1, 3, and 4

together submit that the matter has now been referred to

arbitration and hence, the appeal has become infructuous.

For the aforementioned reason, the appeal is

dismissed for non-prosecution.

Sd/-

(M.I.ARUN) JUDGE

Sd/-

(B. MURALIDHARA PAI) JUDGE KMS / CT-ASC List No.: 1 Sl No.: 1