- 1 - HC-KAR NC: 2025:KHC:22308-DB COMAP No. 146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 146 OF 2025 BETWEEN: 1. M/S. S.P.P.L PROPERTY MANAGEMENT PRIVATE LIMITED, HAVING OFFICE AT 4TH FLOOR, SALARPURIA WINDSOR, NO.3, ULSOOR ROAD, BENGALURU-560 042. (REP. BY ITS AUTHORIZED SIGNATORY MR. ASHWIN SANCHETI) 2. M/S NEELANCHAL GRIHA NIRMAN PVT. LTD., A SISTER CONCERN COMPANY OF THE SALARPURIA SATTVA GROUP, HAVING OFFICE AT 4TH FLOOR, SALARPURIA WINDSOR, NO.3, ULSOOR ROAD, BENGALURU-560 042. (REP. BY ITS AUTHORIZED SIGNATORY MR. ASHWIN SANCHETI). 3. M/S SALARPURIA PROPERTIES PVT. LTD., HAVING OFFICE AT 4TH FLOOR, SALARPURIA WINDSOR, NO.3, ULSOOR ROAD, BENGALURU-560 042. (REP. BY ITS AUTHORIZED SIGNATORY MR. ASHWIN SANCHETI) …APPELLANTS (BY SRI C.K NANDAKUMAR, SENIOR COUNSEL ALONG WITH SRI RAVI SHANKAR R, ADVOCATE) AND: Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22308-DB COMAP No. 146 of 2025 MR B.N VENUGOPAL, S/O BHASKARAN NEDUVAKAT, AGED ABOUT 65 YEARS, R/AT 36/37, PALMS SPRING, SAVARKAR NAGAR, GANGAPUR ROAD, NASIK-422 013, MAHARASHTRA. …RESPONDENT (BY SRI L.M CHIDANANDAYYA, ADVOCATE) THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13 1A OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 28.11.2024 (ANNEXURE -A) IN COM.OS.NO.891/2023 PASSED BY THE HON'BLE LXXXIII ADDITIOANL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84), WHEREBY ALLOWING I.A.NO.1 OF 2023. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) On the last date of hearing, we passed the following order: "Learned advocate for the respondent has taken a preliminary objection on the maintainability of the appeal under Section 13(1A) of the Commercial - 3 - HC-KAR NC: 2025:KHC:22308-DB COMAP No. 146 of 2025 Courts Act, 2015, as it is only the orders passed under Order XLIII CPC which are appealable and concedingly, Order XXXVIII Rule 5 CPC is not mentioned in Order XLIII CPC. At this stage, Mr. C.K. Nandakumar, learned Senior Counsel for the appellants seeks few days' time to take instructions. Re-notify on 25.06.2025." 2. Today, learned counsel for respondent states that he has instructions to convey to the Court that respondent shall not alienate the property during the pendency of Commercial OS.NO.891/2023. 3. Mr. C.K. Nanda Kumar, learned Senior counsel for Mr. R. Ravishankar, for appellants states in view of this submission made by learned counsel for respondent, the appellants wish to withdraw the appeal. 4. Accordingly, the appeal is dismissed as withdrawn. 5. It is made clear that we have not gone into the issue of maintainability of appeal. - 4 - HC-KAR NC: 2025:KHC:22308-DB COMAP No. 146 of 2025 6. In view of withdrawal of the appeal, all the pending IAs are disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 41