- 1 - HC-KAR NC: 2026:KHC:22175 RFA No. 805 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 805 OF 2019 (POS) BETWEEN: M/S. MAHENDRA TRADERS A PROPRIETARY CONCERN CARRYING ON BUSINESS AT SHOP NO.787, MOHAN BUILDINGS, CHICKPET, BENGALURU-560 053, REPRESENTED BY ITS PROPRIETOR SRI MAHENDRA, MAJOR. …APPELLANT (BY M/S. MAHENDRA TRADERS REPRESENTED BY ITS PROPRIETOR MAHENDRA CHICKPET, BENGALURU) AND: M/S. RAJESH EXPORTS LIMITED A PUBLIC LIMITED COMPANY, INCORPORATED UNDER THE PROVISIONS OF COMPANY ACT, HAVING ITS REGISTERED OFFICE AT NO.4, BATAVIA CHAMBERS, KUMARA KRUPA ROAD EAST, BENGALURU-560 001, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI. M.K. NARANG. …RESPONDENT (BY SRI. SATVIK UPADHAYA, ADVOCATE FOR SRI. ROHAN KOTHARI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH UNDER ORDER XLI RULE 1 AND 2 OF THE CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 09.01.2019 PASSED IN Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22175 RFA No. 805 of 2019 OS.NO.17467/2006 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE MAYO HALL BENGALURU DECREEING THE SUIT FOR VACANT POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT The appellant is present before the Court. The order dated 16.04.2026 reads as under: "Learned counsel for the respondent opposes the motion made by the appellant/party-in-person seeking adjournment. It is submitted that the suit is of the year 2006 and trial Court has granted a decree for possession as well as damages. Learned counsel for the respondent submits that the appellant is also in arrears of rent. This Court does not find any reason to adjourn the matter. However, as a last chance, a week's time is granted. List on 23.04.2026, as a last chance." 2. Learned counsel appearing for the appellant seeks adjournment. On a query by the Court to the appellant, he - 3 - HC-KAR NC: 2026:KHC:22175 RFA No. 805 of 2019 would specifically state that he has not disclosed the order dated 16.04.2026 passed by this Court, to his present counsel. 3. It is submitted by the learned counsel for the respondent that the appellant is in arrears of rent and damages. 4. Under these circumstances, this Court does not find any reason to grant adjournment. 5. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE SA List No.: 1 Sl No.: 9