- 1 - HC-KAR CNR: KAHC010141232026 NC: 2026:KHC:53633-DB COMAP No. 110 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 110 OF 2026 BETWEEN: 1. SRI M A DARSHAN S/O M.C. ASHWATH, AGED ABOUT 32 YEARS, R/AT NO. 9, 12TH CROSS, GOVINDARAJANAGAR, M.R.C.R. LAYOUT, BENGALURU 560 040. …APPELLANT (BY SRI. OJASWI., ADVOCATE (ABSENT)) AND: 1. MAXWORTH REALTY INDIA LIMITED OFFICE NO. 22/1, RAILWAY PARALLEL ROAD, NEHRU NAGAR, BENGALURU - 560 020. REP. BY ITS MANAGING DIRECTOR, SRI KESHAVA KOLAR. 2. SRI ZAKEER ULLA KHAN S/O LATE H.S. NOORULLA KHAN, AGED ABOUT 49 YEARS, R/AT MOSQUE ROAD, HALAGURU VILLAGE, MALAVALLI TALUK, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010141232026 NC: 2026:KHC:53633-DB COMAP No. 110 of 2026 MANDYA DISTRICT. …RESPONDENTS THIS COMMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER 43 RULE 1(r) OF CPC, 1908, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED.06.02.2026 PASSED ON IA NO.1 AND IA NO.3 IN COMM.O.S.NO.3/2024 BY THE HON'BLE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, MARKED AS ANNEXURE-A. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Since the filing of the present appeal, there has been no appearance on behalf of the appellant. 2. On 23.06.2026, when the matter was listed before the Coordinate Bench of this Court, none appeared on behalf of the appellant. 3. Today, when the matter was called out in the morning session, there was no representation on behalf of the - 3 - HC-KAR CNR: KAHC010141232026 NC: 2026:KHC:53633-DB COMAP No. 110 of 2026 appellant. Even when the matter was taken up during the revised call, none appeared on behalf of the appellant. 4. We are of the view that the appellant is not interested in prosecuting this appeal and it is filed merely for the sake of filing. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA CT:SN List No.: 1 Sl No.: 1