- 1 - HC-KAR NC: 2026:KHC:21398-DB COMAP No. 220 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 220 OF 2026 BETWEEN: SMT N VISALAKSHI WRONGLY SHOWN AS N.VISALAKSHMI AGED ABOUT 70 YEARS, W/O RUDRAPRASAD, R/A NO.51/20, OSBORNE ROAD, BENGALURU-560042 …APPELLANT (BY SRI. M.D.RAGHUNATH, ADVOCATE) AND: 1. M/S S A ENTERPRISES A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.1, GROUND FLOOR 12TH MAIN, BRINDAVAN NAGAR, SBM COLONY, BENGALURU-560054, REP BY ITS PARTNER, SMT. K. UMA MAHESHWARI, W/O M. BANUPRASAD, AGED ABOUT 49 YEARS, 2. SRI. SHREYAS. M.B, S/O M. BANUPRASAD, AGED ABOUT 28 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21398-DB COMAP No. 220 of 2026 3. SRI. AJAY.N, S/O V. NARAYANAPPA, AGED ABOUT 27 YEARS 4. SMT. K. UMA MAHESHWARI, W/O M. BANUPRASAD, AGED ABOUT 49 YEARS, ALL OF THEM HAVING ITS OFFICE AT NO.1, GROUND FLOOR, 12TH MAIN, BRINDAVAN NAGAR, SBM COLONY, BENGALURU-560054 …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED 26.02.2026 PASSED IN COM MISC.NO.24/2023 BY LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-88), AND ALLOW THE APPEAL THEREBY SETTING ASIDE THE IMPUGNED ORDER, IN THE INTEREST OF JUSTICE AND EQUITY. 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. The appellant has filed the present appeal impugning an order dated 26.02.2026 passed by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com. Misc. - 3 - HC-KAR NC: 2026:KHC:21398-DB COMAP No. 220 of 2026 No.24/2023. In terms of the impugned order, the learned Commercial Court had allowed the respondent's application filed under Order IX Rule 13 r/w Section 144 & 151 of Code of Civil Procedure, 1908 [CPC] and has set aside an ex parte judgment and decree dated 29.08.2022 passed in O.S. No.417/2022. 2. The present appeal is not maintainable as the impugned order is not one of the orders which are enumerated under Order XLIII Rule 1 of the CPC. In terms of Order XLIII Rule 1(b) of CPC an order which rejects an application under Order IX Rule 13 of CPC is appealable; not an order allowing the said application. 3. In view of the above, the present appeal is dismissed as not maintainable. 4. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 2 Sl No.: 13