- 1 - HC-KAR NC: 2026:KHC:1292-DB COMAP No. 127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 127 OF 2024 BETWEEN: 1. SUNIL GODWIN SALDANHA SON OF LATE SIMON SALDANHA AGED ABOUT 40 YEARS RESIDENT OF #29-1 SORPU HOUSE, SHIRVA UDUPI - 574 116. 2. VIOLET NAZRETH WIFE OF SUNIL GODWIN SALDANHA AGED ABOUT 35 YEARS RESIDENT OF HOUSE NO. 4-20 KAJE, SACHARIPETE POST, MUNDKOOR, KARKALA - 576121. …APPELLANTS (BY SRI. HARISH M G.,ADVOCATE) AND: 1. BANK OF BARODA FORMERLY VIJAYA BANK HAVING ITS HEAD OFFICE AT ALKAPURI VADODARE, REPRESENTED BY ITS SHIRVA BRANCH MANAGER, PRINCIPAL OFFICER AND GENERAL POWER OF ATTORNEY HOLDER MR EDRICH AJAY D SOUZA SON OF MR ANTONY D SOUZA AGED ABOUT 39 YEARS. …RESPONDENT Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1292-DB COMAP No. 127 of 2024 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO I. CALL FOR RECORDS. II. SET ASIDE THE IMPUGNED ORDER DATED 08/02/2023 PASSED BY THE PRINCIPAL DISTRICT JUDGE AT UDUPI IN COM.O.S NO. 135/2022 & etc. 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 appellants. 2. The present appeal is dismissed for non-prosecution. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 35