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2025 Supreme(Online)(Kar) 24885

KARNATAKA HIGH COURT
S.R. KRISHNA KUMAR, C.M. POONACHA, JJ
MISS. RUKSHANA JAL NANJI – Appellant
Versus
SAMREEN AYUB – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MALLIKARJUNASWAMY BASAYYA HIREMATH
For the Respondents: SRI. V.M.SHEELVANT

Table of Content
1. appeal against trial court order (Para 1)
2. arguments on maintainability of appeal (Para 2 , 3 , 4)

(PER: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)

This appeal by the plaintiff in OS No.347/2025 is directed against the impugned order dated 15.09.2025 passed on IA No.3 by the Principal Senior Civil Judge and CJM, Belagavi, [For short, ‘the Trial Court’], whereby the application in IA No.3 filed by the respondents/defendants under Section 8 of the Arbitration and Conciliation Act, 1996 , [For short, ‘the Act, 1996’] read with Order VII Rule 11 of the Code of Civil Procedure, 1908 , [For short, ‘CPC’], seeking reference of the dispute to Arbitrator in terms of the Arbitration Clause No.13 mentioned in the Indenture of partnership dated 30.08.2016 was allowed by the Trial Court.

2. The Registry has raised an objection with regard to the maintainability of the present appeal on the ground that the impugned order is neither a decree nor a deemed decree within the meaning of Section 2(2) of CPC and consequently, the appeal is not maintainable.

3. Learned counsel for the appellant submits that since the impugned order arises out of an application filed by the respondents/defen

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