- 1 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8699 OF 2023 (CPC) BETWEEN: SMT. LALITHA, AGED ABOUT 57 YEARS, W/O SRI. DINESH KUMAR PROPRIETRIX OF M/S MYSORE PLYWOOD SUPPLIES NO.117, KILARI ROAD, NEAR BVK IYENGAR ROAD, BENGALURU - 560 053 REPRESENTED BY HER GPA HOLDER SRI. DINESH KUMAR AGED ABOUT 58 YEARS, S/O LATE SUMERMAL JI PRESENTLY AT M/S MYSORE PLYWOOD SUPPLIERS, NO. 162/2, EAST ROAD, NEW TIMBERYARD LAYOUT, BYATARAYANAPURA, BENGALURU - 560 026 …APPELLANT (BY SRI. R. RAKESH KUMAR, ADVOCATE) AND: 1. M/S GM INFINITE DWELLING INDIA (P) LTD., GM PEARL NO. 06, BTM 1ST STAGE, 1ST PHASE, BENGALURU - 560 068 REPRESENTED BY ITS DIRECTOR, SRI. GULAM MUSTAFFA, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 MAJOR BY AGE FATHER NAME NOT KNOWN TO PETITIONER 2. M/S GM INFINITE DWELLING INDIA (P) LTD. G M AZEEN PEARL, NO.44/1, NEAR MANIPAL CENTRE, DICKENSON ROAD, BENGALURU - 560 008 REPRESENTED BY ITS DIRECTOR, SRI. GULAM MUSTAFFA, MAJOR BY AGE, FATHER NAME NOT KNOWN TO PETITIONER …RESPONDENTS (R1 AND R2 ARE SERVED) THIS MFA IS FILED U/O.43 RULE 1(c) OF THE CPC, AGAINST THE ORDER DT.22.08.2023 PASSED IN MISC. NO.424/2021 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-5), DISMISSING THE PETITION FILED U/O.9 RULE 9 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. - 3 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 2. This appeal is filed by the plaintiff in O.S.No.7383/2019 questioning the order dated 22.08.2023 passed in Misc. Petition No.424/2021 filed under Order IX Rule 9 read with Section 151 of CPC on the file of IX Additional City Civil and Sessions Judge, Bengaluru (CCh-5)1, thereby, the Misc. Petition is dismissed. 3. The appellant herein is the plaintiff in O.S.No.7383/2019 filed a suit for recovery of money. The said suit was dismissed for non-prosecution on 31.08.2021. Thereafter, the plaintiff filed Misc. Petition No.424/2021 under Order IX Rule 9 read with Section 151 of CPC, which is also dismissed. The said order under challenge in this appeal. 4. Notice issued to the respondents was served, but they remained absent. 1 hereinafter referred to as ‘the Trial Court’ for short - 4 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 5. Learned counsel for the appellant/plaintiff submitted that the plaintiff is a woman doing business and had filed a suit for recovery of money. However, during the time of Covid-19, the counsel appearing on behalf of plaintiff has not informed the plaintiff regarding the progress of the suit, as he was suffering from Covid-19 and passed away during that time. Therefore, the plaintiff did not know the progress in the suit and inevitably the Trial Court dismissed the suit for non-prosecution as the plaintiff did not appear in the suit. 6. Being aggrieved by the said order of dismissal of the suit for non-prosecution, the plaintiff has filed Misc. Petition filed under Order IX Rule 9 read with Section 151 of CPC, which is also dismissed. 7. When it is an undisputed fact that the counsel appearing for the plaintiff suffered from Covid-19 trauma and later he passed away, the plaintiff could not know the progress in the suit. Hence, due to this inevitability, the - 5 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 plaintiff could not appear in the suit, resulting into dismissal of the suit for non-prosecution. 8. The Misc. Petition filed ought to have been considered magnanimously, but it was dismissed. Therefore, the Court is of the opinion that considering the circumstances as submitted by the counsel appearing for the appellant/plaintiff, one more opportunity is to be given to the plaintiff to contest the suit. Hence, the order passed in the suit dismissing the suit for non-prosecution and consequential order of dismissal of Misc. Petition filed for restoration of the suit in O.S.No.7383/2019 are hereby set aside. Therefore, the suit in O.S.No.7383/2019 is restored on its board for consideration in accordance with law. Consequently, the appeal is liable to be allowed. 9. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. - 6 - HC-KAR NC: 2025:KHC:30551 MFA No. 8699 of 2023 ii. The orders dated 31.08.2021 passed in O.S.No.7383/2019 and 22.08.2023 passed in Misc. Petition No.424/2021 on the file of IX Additional City Civil and Sessions Judge, Bengaluru (CCH-5) are hereby set aside. iii. The suit in O.S.No.7383/2019 is restored on its board. iv. The appellant/plaintiff shall appear before the Trial Court on 02.09.2025 without expecting notice from the Trial Court and the Trial Court shall issue notice and hand summons to the defendants, then dispose of the suit in accordance with law. v. No order as to costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 28