Dismissed¶¶43

Prema R Nayak v. Mr M Sathishchandra Nayak

Karnataka HC14 Oct 2025COMAP/89/2025

Case brief

AI extract

What is this about?

Dismissed-as-withdrawn commercial appeal (COMAP No. 89 of 2025, HC-KAR, decided 14 October 2025, Coram: Chief Justice Vibhu Bakhru and Justice C.M. Poonacha). Filed under Section 13(1-A) of the Commercial Courts Act 2015 against the judgment and award dated 09.08.2024 of the IV Additional District and Sessions Judge, Mangalore in A.S. No.115/2018. Counsel for the appellant withdrew the appeal at the orders stage; the appeal was dismissed as withdrawn. No issues framed, no cases cited, no rulings of law; useful only as a procedural record, not citable for any proposition.

What the court decided

AI extract

Prema R Nayak Vs Mr M Sathishchandra Nayak — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:40530-DB COMAP No. 89 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 14^TH DAY OF OCTOBER, 2025

¶6

PRESENT

¶7

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

¶8

AND

¶9

THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 89 OF 2025 (AA)

¶10

BETWEEN:

¶11

PREMA R NAYAK W/O M RATHNAKAR NAYAK, AGED ABOUT 70 YEARS, R/AT SRI RAM JEPPU, MANGALURU - 575 002, DAKSHINA KANNADA.

¶12

…APPELLANT

¶13

(BY MS. SWATI G HEGDE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H, ADVOCATE)

¶14

AND:

¶15

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

¶16

MR M SATHISHCHANDRA NAYAK S/O LATE M VAMAH NAYAK, AGED ABOUT 69 YEARS, R/A SRI RAM JEPPU, MANGALURU - 575 002, DAKSHINA KANNADA.

¶17

SMT MUKTHA D NAYAK W/O DAMODAR NAYAK, AGED ABOUT 72 YEARS, R/AT MANGALA, SILVA ROAD, FALNIR, MANGALURU - 575 001.

¶18

MR SURENDRA NAYAK H/O LATE PREMALATHA S NAYAK,

¶19

¶20

NC: 2025:KHC:40530-DB COMAP No. 89 of 2025

¶21

HC-KAR

¶22

AGED ABOUT 84 YEARS, R/AT SWASTH, D NO. 1-S-22-1703/1(1) URWA MAKEY SULAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT, MANGALURU - 575 006.

¶23

MR RAJESH NAYAK S/O LATE PREMALATHA S. NAYAK AGED ABOUT 56 YEARS, R/AT SWASTHI, D.NO. 1-S-22-1703/1(1), URWA MARKEY, SULTAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT MANGALURU-575 006.

¶24

MR. RAHUL NAYAK S/O LATE PREMALATHA S. NAYAK AGED ABOUT 47 YEARS R/AT SWASTHI, D.NO. 1-S-22-1703/1(1), URWA MARKEY, SULTAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT MANGALURU - 575006.

¶25

MRS LEELA NAYAK W/O LATE RUPESH NAYAK AGED ABOUT 43 YEARS R/AT 107-1, KARIKUDRUBALKUR, KUNDAPURATALUK, UDUPI DISTRICT- 576 211

¶26

MR SHUBHAN NAYAK S/O LATE RUPESH NAYAK AGED ABOUT 18 YEARS, R/AT 107-1, KARIKUDRUBALKUR, KUNDAPURATALUK, UDUPI DISTRICT-576211

¶27

MASTER SHARAN NAYAK S/O LATE RUPESH NAYAK AGED ABOUT 13 YEARS R/AT 107-1, KARIKUDRUBALKUR,

¶28

3 - NC: 2025:KHC:40530-DB COMAP No. 89 of 2025

¶29

HC-KAR

¶30

KUNDAPURATALUK,- 576211 UDUPI DISTRICT, MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN VIZ. MRS LEELA NAYAK W/O LATE RUPESH NAYAK

¶31

MR K PREMNATH, B.A.LL.B, ADVOCATE AND ARBITRATOR I FLOOR, BESANT COMPLEX, M.G. ROAD, KODIALBAIL, MANGALURU 575003, D.K.

¶32

…RESPONDENTS

¶33

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION13(1-A) OF COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 09.08.2024 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE MANGALORE IN A.S. No.115/2018 AND ETC.

¶34

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶35

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

¶36

HON'BLE MR. JUSTICE C.M. POONACHA

¶37

ORAL JUDGMENT

¶38

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶39