Karnataka High Court
COMAP/88/2026 of N SADIYA HALEEM Vs MR. NAVEED PASHA on 18 August 2026
CNR: KAHC010110312026 NC: 2026:KHC:44101-DB COMAP No. 88 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.88 OF 2026 BETWEEN: 1. N.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
COMMERCIAL APPEAL NO.88 OF 2026
BETWEEN:
1.
N. SADIYA HALEEM
D/O ABDUL WAJEED SAHEB
AGED 56 YEARS,
2.
MOHD YASIR UL HAQ
S/O N. SADIYA HALEEM,
AGED ABOUT 28 YEARS,
3.
MOHD VIQUAS UL HAQ
S/O N. SADIYA HALEEM,
AGED ABOUT 27 YEARS,
4.
SARIYA SALEEM
D/O N. SADIYA HALEEM,
AGED ABOUT 25 YEARS,
5.
KHANSA NURAIN .N
S/O N. SADIYA HALEEM,
AGED ABOUT 23 YEARS,
ALL ARE RESIDING AT
IN THE CAMPUS OF FIRDOSE GRANITE
CUTTING INDUSTRY
MEDICAL COLLEGE ROAD
Digitally signed
by C K LATHA
Location: High
Court of
Karnataka
HC-KAR
UTTUVALLI POST,
CHAMARAJANAGAR - 571313.
…APPELLANTS
(BY SRI. AFROZ PASHA, ADVOCATE)
AND:
MR. NAVEED PASHA
S/O ANWAR PASHA
AGED ABOUT 54 YEARS
RESIDING AT NO.50,
1ST CROSS,
MG ROAD,
UDAYAGIRI MYSURU - 570019.
…RESPONDENT
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 13.12.2024 PASSED
BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR, IN COM.O.S.NO.01/2021 AND 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 MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal under Section 13(1A) of the Commercial Courts Act, 2015 impugning an order dated 13.12.2024 [impugned order] passed by the Principal District and Sessions Judge, Chamarajanagar, in Com.O.S.No.1/2021. The said suit was preferred by the respondent for specific performance of an agreement, and was allowed by the impugned order.
2. The appellants have filed the present appeal after an inordinate delay of 365 days and have filed the present application (I.A.1/2026) seeking condonation of delay in filing the above captioned appeal. The only explanation set out in the affidavit accompanying the application reads as under : "3. I submit that, after the pronouncement of the judgment in the Com O.S.No.1/2021, due to some unavoidable family matter I was not be able to consult the advocate for the filing present appeal on time.
4. I submit that, due to which I was not be able to secure the certified copies of the judgment and related records from the trial court."
3. Plainly, the said explanation cannot be accepted as sufficient cause preventing the appellants from filing the present appeal
HC-KAR
within the stipulated period. The application (I.A.1/2026) is accordingly dismissed. Consequently, the appeal is dismissed as well.
4. Pending application also stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
CKL List No.: 2 Sl No.: 9