- 1 - HC-KAR CNR: KAHC010523492026 NC: 2026:KHC:40385 RFA No. 1596 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1596 OF 2026 BETWEEN: 1. M/S TRENDZ EXPORTS PROP SYED MUNEER BASHA AGED ABOUT 38 YEARS, S/O. SYED BASHA R/ATNO.110, AL-KARAM COMMERCIAL STRRET, SHIVAJINAGAR BANGALORE – 560 001. …APPELLANT (BY SRI. SYED SALMAN KHOMEINI, ADVOCATE) AND: 1. MRS. RIZWANA MASSOD AGED ABOUT 65 YEARS W/O MASSOD KAREEM R/AT NO.102, PRESTIGE EXOTICA, CARNATION BLOCK, CUNNINGHAM CRESCENT ROAD VASANTHNAGAR, BANGALORE – 560 001. 2. MR. NASIR MASOOD AGED ABOUT 45 YEARS S/O MR.MASOOD KARAM R/ATA-808, PRESTIGE LEELA RESIDENCE HAL OLD AIRPORT Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010523492026 NC: 2026:KHC:40385 RFA No. 1596 of 2026 KODIHALLI, BANGALORE – 560 008. REPRESENTED BY HER GPA HOLDER MR. NASIR MASOOD AGED ABOUT 45 YEARS S/O. MR. MASOOD KAREM R/ATA-808, PRESTIGE LEELA RESIDENCES HAL OLD AIRPORT, KODIHALLI BANGALORE – 560 008. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.07.2025 PASSED IN COM.O.S.NO.1372/2023 ON THE FILE OF THE LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE COMMERCIAL COURT), BENGALURU CITY, (CCH- 89) AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The judgment and decree passed by the Commercial Court in the suit under the original jurisdiction in original suit. Therefore, appeal under Section 96 of Code of Civil Procedure, 1908, is not maintainable, as there is special provision for appeal is made under the provisions of Commercial Court Act, 2015. Therefore, this RFA is dismissed as not maintainable. - 3 - HC-KAR CNR: KAHC010523492026 NC: 2026:KHC:40385 RFA No. 1596 of 2026 However, liberty is granted to file Commercial appeal as per law. 2. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 3. Registry is directed to return all the original copies to the appellant/counsel for the appellant. After placing the photocopy of the document at the cost of the appellant. Accordingly, the appeal is dismissed as not maintainable. Liberty is granted to prefer appeal as per Commercial Courts Act, 2015. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 19