Dismissed¶34

M/S Tulasi Hospitality Services v. Sri.Naganna Ashok Kumar

Karnataka HC23 Mar 2026COMAP/387/2025

Case brief

AI extract

What is this about?

Dismissal of commercial appeal for default: office objections not cured despite final opportunity dated 05.11.2025 and conditional order dated 21.01.2026 (dismissal if not cured within two weeks); delay of 62 days in filing with no condonation application; appeal against judgment and decree dated 31.01.2025 in COM.O.S.No.1616/2022; COMAP No. 387 of 2025; High Court of Karnataka; Vibhu Bakhru, CJ and C.M. Poonacha, J; decided 23.03.2026; no merits adjudication.

What did the court decide?

Since the office objections were not complied with, the appeal was not required to be listed and stands dismissed in terms of the order dated 21.01.2026. ¶34

M/S Tulasi Hospitality Services Vs Sri.Naganna Ashok Kumar — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:16148-DB COMAP No. 387 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF MARCH, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 387 OF 2025

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BETWEEN:

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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M/S TULASI HOSPITALITY SERVICES REPRESENTED BY ITS MANAGING PARTNER, SRI.TULASI SRINIVAS, S/O LATE. T.G.RAMA RAO, H.NO. 17-104, KAMALANAGAR, DILSUKHNAGAR, HYDERABAD - 500060, AND ALSO AT 538, 'B' BLOCK, 60 FEET MAIN ROAD, AECS LAYOUT, BROOKEFIELDS, OFF ITPL MAIN ROAD, BENGALURU-560037,

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SRI.TULASI SRINIVAS AGED ABOUT 56 YEARS, S/O LATE.T.G.RAMA RAO, MANAGING PARTNER, M/S TULASI HOSPITALITY SERVICES, H.NO 17-104, KAMALANAGAR, DILSUKHNAGAR, HYDERABAD - 5600060

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AND ALSO AT 538, 'B' BLOCK, 60 FEET MAIN ROAD, AECS LAYOUT,

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2 - NC: 2026:KHC:16148-DB COMAP No. 387 of 2025

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HC-KAR

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BROOKEFIELDS, OFF ITPL MAIN ROAD, BENGALURU - 560037

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…APPELLANTS

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(BY SRI. DHANANJAYA C M, ADVOCATE) AND:

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SRI.NAGANNA ASHOK KUMAR AGED ABOUT 67 YEARS, S/O LATE. K.M NAGANNA, R/O BLK C1-1904, L AND T SOUTH CITY, OFF BANNERGHATTA ROAD, ARKERE MICO LAYOUT, JP NAGAR, 7TH PHASE, BENGALURU -560076 PRESENTLY RESIDING AT 5 ELIAS GREEN, 12-04 SINGAPORE-59961 REPRESENTED BY HIS SPA HOLDER SRI. N.G.CHANNABASAVAIAH, AGED ABOUT 60 YEARS, S/O LATE. N.GANGADHARAIAH, RESIDING AT 526, CHOWDESHWARI NILAYA, OPPOSITE SHIVAKRUPA PROVISION STORE, RAMAMANDIRA ROAD, SAHAKARNAGAR POST, KODIGEHALLI, BENGALURU-560092

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…RESPONDENT

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THIS COMAP IS FILED PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.01.2025 PASSED IN COM.O.S.NO.1616/2022 ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCCH No.90) BENGALURU CITY.

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3 - NC: 2026:KHC:16148-DB COMAP No. 387 of 2025

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HC-KAR

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

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

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ORAL JUDGMENT

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

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The office objections have not been complied with.

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We also note that there is a delay of 62 days in filing the present appeal. There is no application for condoning the said delay. We note that this Court had directed that the appeal be listed, if the objections were complied. By an order dated 21.01.2026, this Court noted that a final opportunity to cure the defects was granted to the appellants on 05.11.2025, however, the appellants granted yet another opportunity to cure the office objections. This Court also directed that if the office objections are not cured within two weeks from the said date, the appeal shall stand dismissed.

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