- 1 - HC-KAR NC: 2025:KHC:51881 MFA No. 9019 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9019 OF 2025(CPC) BETWEEN: UNION BANK OF INDIA ERSTWHILE CORPORATION BANK, HAVING THEIR BRANCH AT ATTIBELE ANEKAL TALUK, BENGALURU-562107 REPRESENTED BY ITS CHIEF MANAGER …APPELLANT (BY SMT. LAKSHMI K., ADVOCATE) AND: 1. SMT P SHASHIREKHA D/O LATE PILLAPPA AGED ABOUT 28 YEARS 2. SRI PILLAPPA SINCE DEAD BY LR AND WIFE SMT DHANALAKSHMI AGED ABOUT 54 YEARS BOTH ARE RESIDING AT NO.708, KOTE STREET, ATTIBELE, ATTIBELE HOBLI, ANEKAL TALUK 3. SRI V DEVARAJ S/O VEMANNA AGE ABOUT 57 YEARS VEMANNA NILAYA, SHAKAMBARI LAYOUT, ATTIEBELE, ANEKAL TALUK, BENGALURU - 562107. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:51881 MFA No. 9019 of 2025 …RESPONDENTS (BY SRI. KEMPARAJU B.G, ADVOCATE FOR C/R2) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.21.08.2025 PASSED IN COMMERCIAL MIS. PETITION NO. 9/2023 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE PETITION FILED U/O.IX RULE 9 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal against the order passed by the Commercial Court. 2. This Court has issued Circular No.R(J) 65C/2017 dated 30.10.2017 that against the order passed by the Commercial courts, commercial appeals be maintainable before the Division Bench of this Court. Therefore, in view of this, the appeal is not maintainable before this Court. 3. Therefore, the appeal is dismissed as not maintainable. 4. However, liberty is reserved to file a fresh appeal before the Division Bench as per the above said Circular. - 3 - HC-KAR NC: 2025:KHC:51881 MFA No. 9019 of 2025 5. The appellant is entitled for the benefit of section 14 of the Limitation Act, 1963 excluding the period spent before this Court by filing the appeal. 6. Registry is directed to return the certified copy of the order. From the date of receipt of the copy of this order enclosed within two days, the appellant is given liberty to file the appeal. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 1 Sl No.: 41