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2025 DAILYLAW 2568 (KAR)

SMT SUMA SINIVAS v. T M NARASIMHAN SINCE DECEASED REPRESENTED BY HIS LRs SMT. LAKSHMI,

COMAP/206/2025 · 2026-09-17

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52496-DB COMAP No. 206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 206 OF 2025 BETWEEN: 1. SMT SUMA SINIVAS W/O LATE T.M. SRINIVAS, AGED ABOUT 55 YEARS, 2. SMT. DEEPTHI SRINIVAS D/O LATE T.M. SRINIVAS, AGED ABOUT 28 YEARS, BOTH RESIDING AT NO.12, 1ST FLOOR, 2ND CROSS, SRINIVASA COLONY, MISSION ROAD, BENGALURU - 560027. …APPELLANTS (BY SRI. RAJESH B L, ADVOCATE SRINIVAS A R.,ADVOCATE) AND: T M NARASIMHAN SINCE DECEASED REPRESENTED BY HIS LRs Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52496-DB COMAP No. 206 of 2025 1. SMT. LAKSHMI, W/O ESHWAR, AGED ABOUT 82 YEARS, 2. SMT. S.R. ESHWARI, D/O LATE PARVATHI, AGED ABOUT 56 YEARS, 3. SMT. S.R. DEVI, D/O LATE PARVATHI, AGED ABOUT 51 YEARS, 4. SMT. ANJANA DEVI, W/O H. RAJANNA, AGED ABOUT 76 YEARS, 5. SMT. BHAVANI, W/O H.N. SOMASHEKAR, AGED ABOUT 68 YEARS, RESIDING AT NO. 17, 1ST CROSS, SRINIVASA COLONY, K.H. ROAD, BENGALURU 560027. 6. PRISM LIGHTS NO 64, RICHMOND ROAD, BENGALURU- 560 025 REPRESENTED BY ITS PARTNERS ARPITH BALIYA AND SUNITHA BALIYA 7. SRI. ARPITH BALIYA PARTNER, PRISM LIGHTS NO 64, RICHMOND ROAD, BENGALURU- 560 025 …RESPONDENTS (BY SRI. ANIL S SHETTY, ADVOCATE FOR SRI. SHAKER SHETTY, ADVOCATE FOR R1 TO R5) - 3 - HC-KAR NC: 2025:KHC:52496-DB COMAP No. 206 of 2025 THIS COMAP IS FILED UNDER SEC..13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.03.2025 PASSED IN COM. OS NO.1276/2022 BY THE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU AS PER ANNEXURE - A. 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. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellants has furnished a memo of retirement. He states that he has already informed the appellants his intention not to continue with the present appeal and he has returned all the documents. He also states that he has no instructions to represent the appellants. 2. The present appeal has been filed impugning the judgment and decree dated 11.03.2025 in Com.O.S. No.1276/2022, whereby the learned Commercial Court had directed the appellants to vacate and handover the vacant possession of the demised premises and directed that further enquiry be conducted to assess - 4 - HC-KAR NC: 2025:KHC:52496-DB COMAP No. 206 of 2025 the mesne profits. The decree as far as eviction is concerned has been executed. 3. Since the appellants are not pursing the present appeal, the same is dismissed for non-prosecution. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 4