- 1 - HC-KAR NC: 2025:KHC:44742-DB COMAP No. 129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 129 OF 2025 BETWEEN: 1. MR. UDAYA POOJARY K S/O KRISHNA POOJARY AGED ABOUT 55 YEARS RESIDING AT 119/5 4TH CROSS, UDASEENA ASHRAM ROAD LALBAGH ROAD BANGALORE - 560 027 …APPELLANT (BY SRI MATHEW P.M., ADVOCATE - ABSENT) AND: 1. DR. SOMASHEKAR M S/O. LATE MR. P MUNIVENKATAPPA R/A NO. 85, G-3, IMPERIAL HOMES B.S. RANOJI RAO ROAD BASAVANAGUDI BENGALURU - 560 004 …RESPONDENT (BY SRI UNNIKRISHNAN M., ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO CALL FOR THE RECORDS AND EXAMINE THE SAME, BE PLEASED TO SET- ASIDE THE JUDGMENT AND DECREE DATED: 16.04.2025 PASSED IN O.S.NO. 7240/2013 ON THE FILE OF 31ST ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-14, BANGALORE CITY AND ALLOW THIS APPEAL & ETC. Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44742-DB COMAP No. 129 of 2025 THIS APPEAL, COMING ON FOR ORDERS, 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. None appears for the appellant. It is seen that as on 20.08.2025, the appellant was granted a final opportunity to comply with the office objections within a period of two weeks from that date. The said office objections have not been complied with as yet. 2. The appeal is dismissed for non-prosecution. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 70