- 1 - HC-KAR NC: 2026:KHC:4206-DB COMAP No. 102 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.102 OF 2023 BETWEEN: SHRI. D NANDA GOPAL , S/O LATE DAMODARAN, AGE 52 YEARS, TENANT IN PROPERTY OLD NO.7, NEW BBMP NO.80, GROUND FLOOR, DR. RAJKUMAR ROAD, RAJAJINAGAR 3RD STAGE, PRAKSHNAGAR, BENGALURU 560021. RESIDENTIAL ADDRESS NO.215/K, 1ST MAIN 6TH CROSS, PRAKASHNAGAR, BENGALURU 560021, AADHAAR NO.201246224218, MOBILE NO.8892540665 PAN NO.AYQPN2438M …APPELLANT (BY SRI. D. NANDA GOPAL, ADVOCATE) Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4206-DB COMAP No. 102 of 2023 AND: SMT. LALITHA N. @ LILITHAMMA W/O LATE NARAYAN @ NARYANASWAMY, AGED ABOUT 65 YEARS, R/AT OLD No.7, NEW NO.80, 2ND FLOOR, DR. RAJKUMAR ROAD, RAJAJINAGAR 3RD STAGE, PRAKASH NAGAR, BENGALURU 560021. …RESPONDENT (BY SRI. NAJARU SAVANUR, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO A. CALL FOR THE RECORDS RELATING TO THE JUDGEMENT AND DECREE DATED 16.11.2022 PASSED BY THE LEARNED LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) IN COM.O.S. NO. 568 OF 2021, AND AFTER PERUSAL SET ASIDE THE SAME AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:4206-DB COMAP No. 102 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This Court on 17.12.2025 had recorded that the appellant would pay part of the rent that is Rs.1,00,000/- on or before 14.01.2026. On 14.01.2026, the matter was again listed and no payment was made. 2. Today, the matter is listed. The arrears of rent is not paid. The learned counsel for the appellant submits that he has returned the appeal papers to the parties. Appellant is called out. There is no representation. 3. In view of the aforesaid submission and taking note of the earlier order, we are of the view that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK,List No.: 1 Sl No.: 3