- 1 - HC-KAR NC: 2025:KHC:21071-DB COMAP No. 33 of 2024 C/W COMAP No. 34 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 33 OF 2024 C/W COMMERCIAL APPEAL NO. 34 OF 2024 IN COMAP No. 33/2024: BETWEEN: 1. SMT. YOGITHA SUNIL AGED ABOUT 40 YEARS W/O LATE ACHAIANDA SUNIL 2. KUM. SANYA AGED ABOUT 17 YEARS, D/O LATE ACHAIANDA SUNIL (SINCE MINOR REPRESENTED BY SMT. YOGITHA SUNIL) 3. NISHAN AGED ABOUT 13 YEARS D/O LATE ACHAIANDA SUNIL (SINCE MINOR REPRESENTED BY SMT. YOGITHA SUNIL) ALL ARE R/AT NEAR PACCS LTD. HUDIKERI TOWN PONNAMPET TALUK KODAGU DISTRICT-571 216 …APPELLANTS (BY SRI. NARASIMHA PRASAD S.D., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21071-DB COMAP No. 33 of 2024 C/W COMAP No. 34 of 2024 AND: B.U. BELLIAPPA @ SHANKA AGED ABOUT 79 YEARS S/O LATE B.F. UTHAIAH R/O. HYSODLUR VILLAGE AND POST PONNAMPET TALUK KODAGU DISTRICT-571 216 …RESPONDENT (BY SRI. S.G. ANAND, ADVOCATE) THE COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF COMMERCIAL COURTS ACT R/W SECTION 96 OF THE CPC, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (a) CALL OF THE RECORDS IN COM.O.S.No.31/2023, DISPOSED ON 30.10.2023 BY THE I ADDL. DISTRICT AND SESSIONS AND COMMERCIAL JUDGE, KODAGU AT MADIKERI AND (b) SET ASIDE THE IMPUGNED JUDGMENT DATED 30.10.2023 PASSED IN THE SAID COM.O.S.No.31/2023, DISPOSED ON 30.10.2023, BY THE HON'BLE I ADDL. DISTRICT AND SESSIONS AND COMMERCIAL JUDGE, KODAGU AT MADIKERI AND CONSEQUENTLY DISMISS THE SAME AND ETC. IN COMAP NO. 34/2024: BETWEEN: 1. SMT. YOGITHA SUNIL AGED ABOUT 40 YEARS W/O LATE ACHAIANDA SUNIL 2. KUM. SANYA AGED ABOUT 17 YEARS D/O LATE ACHAIANDA SUNIL (SINCE MINOR REPRESENTED BY SMT. YOGITHA SUNIL) 3. NISHAN AGED ABOUT 13 YEARS D/O LATE ACHAIANDA SUNIL (SINCE MINOR REPRESENTED BY - 3 - HC-KAR NC: 2025:KHC:21071-DB COMAP No. 33 of 2024 C/W COMAP No. 34 of 2024 SMT. YOGITHA SUNIL) ALL ARE R/AT. NEAR PACCS LTD. HUDIKERI TOWN, PONNAMPET TALUK KODAGU DISTRICT-571 216 ...APPELLANTS (BY SRI. NARASIMHA PRASAD S.D., ADVOCATE) AND: LALITHA BELLIAPPA W/O BELLIAPPA S/O LATE B.F. UTHAIAH, AGED ABOUT 79 YEARS R/O. HYSODLUR VILLAGE AND POST PONNAMPET TALUK KODAGU DISTRICT-571 216 ...RESPONDENT (BY SRI. S.G. ANAND, ADVOCATE) THE COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF COMMERCIAL COURTS ACT R/W SECTION 96 OF THE CPC, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (a) CALL OF THE RECORDS IN COM.O.S.No.30/2023, DISPOSED ON 30.10.2023 BY THE I ADDL. DISTRICT AND SESSIONS AND COMMERCIAL JUDGE, KODAGU AT MADIKERI AND (b) SET ASIDE THE IMPUGNED JUDGMENT DATED 30.10.2023 PASSED IN THE SAID COM.O.S.No.30/2023, DISPOSED ON 30.10.2023, BY THE HON'BLE I ADDL. DISTRICT AND SESSIONS AND COMMERCIAL JUDGE, KODAGU AT MADIKERI AND CONSEQUENTLY DISMISS THE SAME AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 4 - HC-KAR NC: 2025:KHC:21071-DB COMAP No. 33 of 2024 C/W COMAP No. 34 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing on either side submit that the matter may be remitted to the Commercial Court for a fresh consideration. 2. It is submitted that appellants' contention had not been heard by the Commercial Court. Moreover, the plaintiff/respondent had not produced adequate material to show that the deceased had an estate and that the amounts could be recovered therefrom. 3. In the above view of the matter, the joint memo filed by the learned counsel appearing on either side is taken on record. The judgment and decree in Com.O.S.No.31/2023 dated 30.10.2023 shall stand set aside and the matter is remitted to the Commercial Court for fresh consideration. Refund of Court fee shall be considered in accordance with law. - 5 - HC-KAR NC: 2025:KHC:21071-DB COMAP No. 33 of 2024 C/W COMAP No. 34 of 2024 The parties shall appear before the Commercial Court on 10.07.2025. The Commercial Court is directed to expedite the matter, and endeavour to dispose of the matter after hearing both the parties, within four months from the date of appearance of the parties. Accordingly, the appeal stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 9