Dismissed¶43

Smt. Shashirekha Jagadeesh v. Rathna Prakash

Karnataka HC7 Jan 2026COMAP/610/2025

Case brief

AI extract

What is this about?

NC: 2026:KHC:770-DB; High Court of Karnataka at Bengaluru; COMAP No. 610 of 2025; Commercial Appeal; maintainability of appeal under Section 13(1A) of the Commercial Courts Act, 2015; Order XLIII Rule 1 Code of Civil Procedure, 1908; execution proceedings Com. Ex. No.833/2025; enforcement of decree dated 07.01.2025 in Com. O.S. No.264/2024; objection that dispute was not a commercial dispute rejected; appeal against order dated 10.10.2025 held not maintainable and dismissed; Coram: Vibhu Bakhru, Chief Justice and C.M. Poonacha, Judge; judgment dated 07.01.2026.

What did the court decide?

The impugned order is not one of the orders enumerated under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 and is therefore not covered under Section 13(1A) of the Commercial Courts Act, 2015. ¶38

Smt. Shashirekha Jagadeesh Vs Rathna Prakash — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:770-DB COMAP No. 610 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 7^TH DAY OF JANUARY, 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

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COMMERCIAL APPEAL NO. 610 OF 2025

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BETWEEN:

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SMT. SHASHIREKHA JAGADEESH W/O. LATE R. JAGADEESH, AGED ABOUT 49 YEARS, R/AT NO. 310, 6TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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SMT. SOWNDARYA JAGADEESH D/O. LATE R. JAGADEESH, AGED ABOUT 26 YEARS, R/AT NO. 310, 6TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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SNEHITH JAGADEESH S/O. LATE R. JAGADEESH, AGED ABOUT 22 YEARS, R/AT NO. 310, 6TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086.

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…APPELLANTS

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(BY SRI. NARASIMHA RAJESH K S, ADVOCATE)

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AND:

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RATHNA PRAKASH W/O. M. K. JAYAPRAKASH,

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2 - NC: 2026:KHC:770-DB COMAP No. 610 of 2025

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HC-KAR

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AGED ABOUT 70 YEARS, R/AT 556, 20TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041.

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M/S. CANOPY HOMES AND HOLDING LLP HAVING REGISTERED OFFICE AT NO. 95, PADMASHREE APARTMENTS, LINK ROAD, SHESHADRIPURAM, BENGALURU-560 020, REPRESENTED BY ITS PARTNERS.

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MR. S. P. HOMBANNA MAJOR, S/O. MR. PADMARAJAIAH. S. J., PARTNER,AGED ABOUT 58 YEARS, M/S. CANOPY HOMES AND HOLDING LLP, R/AT NO. 507/5, 9TH CROSS, SADASHIVANAGAR, BENGALURU-560 080. MOB 9844059690

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MR. V. S. SURESH MAJOR, S/O. MR. V. S. MURTHY, PARTNER, AGED ABOUT 58 YEARS, M/S. CANOPY HOMES AND HOLDING LLP, R/AT NO. 3912, 9TH MAIN, BANASHANKARI II STAGE, BEHIND BANASHANKARI POLICE STATION, BENGALURU-560 070. MOB 9844020351.

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…RESPONDENTS

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THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 10.10.2025, PASSED IN COM EX. NO.833/2025 ON THE FILE OF THE HONBLE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE MARKED AT ANNEXURE C.

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NC: 2026:KHC:770-DB COMAP No. 610 of 2025

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HC-KAR

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

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

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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 present appeal is filed impugning an order dated 10.10.2025 passed by the LXXXV Addl. City Civil & Sessions Judge, Bengaluru (CCH-86) [ Commercial Court ] in Com. Ex. No.833/2025 [impugned order]. The respondent No.2 has filed the said execution petition seeking to enforce the decree dated 07.01.2025 in Com. O.S. No.264/2024.

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The appellants had raised certain objections as to the said decree. It is the appellants' case that the appellants challenged to the enforcement of the decree on the ground that the dispute involved was not a Commercial dispute. The said objections were rejected by the Commercial Court. The impugned order is not one of the orders which has enumerated under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 and therefore, is not covered under Section 13(1A) of the Commercial Courts Act, 2015.

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NC: 2026:KHC:770-DB COMAP No. 610 of 2025

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HC-KAR

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