- 1 - NC: 2025:KHC:16558-DB COMAP No. 1 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND COMAP NO. 1 OF 2025 BETWEEN: 1. SRI VIVEK K A S/O KAGODU ANNAPPA AGED 26 YEARS R/AT NO 1029, VIJAYLAKSHMI NILAYA 1ST MAIN ROAD RAIL WHEEL FACTORY INDUSTRIAL AREA YELAHANKA NEW TOWN BENGALURU - 560 064 …APPELLANT (BY SRI. TEJAS N, ADVOCATE) AND: 1. SRI RAVINDRA K I S/O LATE INDUDHARA GOWDA AGED 59 YEARS 2. SMT. ANITHA W/O RAVINDRA AGED 46 YEARS BOTH ARE R/AT: KOTE NILAYA, 2ND MAIN ROAD KUVEMPU BADAVANE KASHIPURA MAIN ROAD SHIVAMOGGA - 577 201 …RESPONDENTS (BY MS. ASHMITHA NAIK, ADVOCATE FOR SMT. MONICA PATIL, ADVOCATE) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:16558-DB COMAP No. 1 of 2025 THIS COMMERCIAL APPEAL UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 23.09.2024 PASSED BY THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT SHIVAMOGGA, IN COM.OS NO.9/2022. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate for the appellant states that the parties have settled the dispute outside the court. He further invited the attention of the court to memo of withdrawal dated 17.04.2025 filed by the appellant. 2. In view of the statement and the memo filed, permission is granted to withdraw the appeal. 3. The appeal is dismissed as withdrawn. - 3 - NC: 2025:KHC:16558-DB COMAP No. 1 of 2025 Since the appeal was withdrawn without effective hearing, the Registry shall permit the refund of the court fee, if applied for by the appellant. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE AHB List No.: 1 Sl No.: 105