Disposed¶33

Mr. Aditya N Rai, v. Mr.Ashwin Shetty

Karnataka HC3 Mar 2026MFA/1637/2026

Case brief

AI extract

What is this about?

Aditya N Rai v. Ashwin Shetty, Nishali A. Shetty alias Nishali Rai, Reethika Shetty and Cera Sanitaryware Limited; MFA No. 1637 of 2026 (CPC); High Court of Karnataka, Bengaluru; NC: 2026:KHC:13348; Justice K.S. Hemalekha; withdrawal of appeal by memo; liberty to file writ petition; maintainability objection under Order 43 Rule 1 CPC; O.S.No.5620/2024; IA No.2; XX Additional City Civil and Sessions Judge Bengaluru (CCH-32); order dt.14.01.2026.

What did the court decide?

Appeal permitted to be withdrawn and disposed of with liberty to file a writ petition; Registry directed to return certified copies of all documents after the appellant furnishes Photostat copies. ¶33

Mr. Aditya N Rai, Vs Mr.Ashwin Shetty — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:13348 MFA No. 1637 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 1637 OF 2026 (CPC)

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BETWEEN:

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MR. ADITYA N RAI AGE ABOUT 44 YEARS S/O. LATE SRI. NARAYANA THIMAPPA RAI, R/AT 'POUND GARDEN', KADRI ROAD, MANGALORE-575003, D. K. DISTRICT

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…APPELLANT

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(BY SRI. VEERESH.M.UPPIN, ADV. FOR SRI. K CHANDRANATH ARIGA, ADV.)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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MR.ASHWIN SHETTY, AGED ABOUT 46 YEARS, S/O. Y. UMANATH SHETTY, FLAT NO. 904, PLANET SKS APARTMENT KADRI HILLS, MANGALURU - 575004. E-mail:[email protected]

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MRS. NISHALI A. SHETTY ALIAS NISHALI RAI, AGED ABOUT 46 YEARS, W/O. ASHWIN SHETTY FLAT NO. 904, PLANET SKS APARTMENT KADRI HILLS,

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2 - NC: 2026:KHC:13348 MFA No. 1637 of 2026

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HC-KAR

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MANGALURU - 575004. E-mail:[email protected]

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MS. REETHIKA SHETTY, AGED ABOUT 44 YEARS, D/O. Y. UMANATH SHETTY, FLAT NO. 402, B BLOCK, SPRINGFIELD APTS SARJAPURA ROAD, AMBALIPURA BANGALORE - 560 102 Email:[email protected]

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CERA SANITARYWARE LIMITED REP. BY ITS AUTHORIZED SIGNATORY MR. JAGADEESAN MARIMUTHU, (DEPUTY GENERAL MANAGER HR AND ADMINISTRATION) 7^TH AND 8^TH FLOOR, B-WING PRIVILON AMBLI BRTS ROAD, ISCKON CROSS ROAD, AHEMADABAD-380059 GUJARAT.

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Email: [email protected]

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…RESPONDENTS

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, SET ASIDE THE ORDER DT.14.01.2026 PASSED ON IA NO.2 IN O.S.NO.5620/2024 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32) AND ETC.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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3 - NC: 2026:KHC:13348 MFA No. 1637 of 2026

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HC-KAR

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ORAL JUDGMENT

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Office has raised an objection regarding

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maintainability of the appeal against the order passed on I.A.No.II in O.S.No.5620/2024 pending on the file of the

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XX Additional City Civil and Sessions Judge, Bengaluru (CCH-32) in view of 43 Rule 1 of CPC.

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Learned counsel appearing for the appellant files a memo seeking withdrawal of the appeal, which reads as under:

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"The Appellant respectfully submits that the Appellant may kindly be permitted to be withdrawn with the liberty to file writ petition in the Interest of justice and equity."

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