- 1 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN COMMERCIAL APPEAL NO.152 OF 2025 BETWEEN: 1. SRI. MAHESH MUNNIYAPPA REDDY SON OF LATE MUNIYAPPA REDDY, AGED 46 YEARS, RESIDING AT NO.54, 5TH 'A' CROSS, 21ST MAIN, MCHS COLONY, BTM SECOND STAGE, BENGALURU - 560 076. …APPELLANT (BY SRI. VENKATRAMANA M.K., ADVOCATE) AND: 1. SRI. LIGOURY D' MELLO SON OF LATE SALVADOR D' MELLO AGED ABOUT 65 YEARS RESIDING AT P.O. BOX NO.57, P.C. 328, TECHNOFIT TRADING LLC AI RUMAIS, BARKHA, SULTANATE OF OMAN. 2. SMT. MARY MARGARET D'MELLO WIFE OF LIGOURY D'MELLO AGED ABOUT 57 YEARS RESIDING AT P.O. BOX NO.57, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 P.C. 328, TECHNOFIT TRADING LLC AI RUMAIS, BARKHA, SULTANATE OF OMAN. 3. EXCELSIOR UNITESD HOSPITALITY (P) LTD A COMPANY INCORPORATED UNDER COMPANIES ACT 2013, REGISTERED OFFICE AT No.349, 15TH 'A' CROSS, 6TH MAIN, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560 102. PRESENTLY AT NO. 348, 12TH MAIN ROAD, 4TH CROSS, HSR LAYOUT, 5TH SECTOR, BENGALURU - 560 102 REPRESENTED BY ITS DIRECTORS: SMT. DIVYA GIRISH AND SHIVA PRAKASH GIRISH. 4. SRI. SHIVA PRAKASH GIRISH, SON OF VIRUPAKSHAIAH SHIVA PRAKASH, AGED ABOUT 46 YEARS, NO.348, 12TH MAIN ROAD, 4TH CROSS, HSR LAYOUT, BENGALURU - 560102. 5. SRI. KUKUTLA MALLA REDDY, SON OF JANAKI REDDY KUKUTLA, AGED ABOUT 60 YEARS, RESIDING AT NO.101, 5TH CROSS, FERNS CITY, OPP: TOTAL MALL, DODDANAKUNDI, MARATHAHALLI COLONY, BENGALURU - 560 037. 6. SRI. VENKATA SURESH REDDY BIRUDAVOLU, SON OF VENKU REDDY BIRUDAVOLU, AGED ABOUT 55 YEARS, RESIDING AT NO.269, KHB COLONY, - 3 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 KORAMANGALA 5TH BLOCK, KORAMANGALA, BENGALURU - 560 034. 7. SRI. VELLERU SARITHA SON OF VELLERU BALACHANDA NAIDU, AGED ABOUT 40 YEARS, RESIDING AT NO.255, SECOND FLOOR, 5TH MAIN, M.S.RAMAIAH CITY, NEAR CORPORATION BANK, J.P. NAGAR 8TH PHASE, BANNERGHATTA ROAD, BENGALURU - 560 076. 8. SRI. VENUGOPALACHARY SON OF GORTHI SATYAMURTHY, AGED ABOUT 55 YEARS, RESIDING AT NO.78, NEW NO.5, NATARAJA STREET, DHANALAKSHMI COLONY, VEDAPALANI, CHENNAI - 600 026. 9. SRI. GORTHI VIDYA SAGAR SON OF GORTHI SATYAMURTHY, AGED ABOUT 40 YEARS, RESIDING AT NO.78, NEW NO.5, NATARAJA STREET, DHANALAKSHMI COLONY, VEDAPALANI, CHENNAI - 600 026. 10. MOONGADE RESORTS AND HOTES LLP A LIMITED LIABILITY PARTNERSHIP FIRM, INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT VILA NO.809/3, SECOND \STREET. FERNS PARADISE, DODDANEKUNDI, MARATHIAHALLI, BENGALURU - 560 037. - 4 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 11. PURLIEU RESORTS AND HOTES LLP A LIMITED LIABILITY PARTNERSHIP FIRM, INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT VILA NO.809/3, SECOND \STREET. FERNS PARADISE, DODDANEKUNDI, MARATHAHALLI, BENGALURU - 560 037. 12. SMT. DIVYA GIRISH WIFE OF SHIVA PRAKASH GIRISH, AGED ABOUT 43 YEARS, NO.348, 12TH MAIN ROAD, 4TH CROSS, HSR LAYOUT, 5TH SECTOR, BENGALURU - 560 095. …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, READ WITH ORDER XVIII RULE 1(Q) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE IMPUGEND ORDER DATED 04.02.2025 PASSED ON IA NO.21 IN COMMERCIAL O.S.NO.352/2020 BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU BY ALLOWING THE ABOVE APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate Mr. M.K. Venkatramana for the appellant seeks permission to withdraw the appeal placing on record the memo dated 19.03.2025. 2. Additionally, it is stated in the memo as under, "The undersigned counsel herewith submit that the registry has raised an objection that maintainability of Commercial Appeal, as the order passed by Trial Court under XI Rule 14 of C.P.C. and not comes under Order 43 of C.P.C. Wherefore, it is prayed that this Hon'ble Court be permit/liberty to Appellant to file a Writ Petition against the Respondent in the interest of justice. Further this Hon'ble Court be direct the Registry to return all the Certified Copies of documents, so as to file the Writ Petition in the interest of justice." 3. Without expressing any opinion on the contents of the memo, the appeal is permitted to be withdrawn. - 6 - NC: 2025:KHC:11559-DB COMAP No. 152 of 2025 Registry shall return the certified copies of the documents to the appellant while retaining the xerox copies of the certified copies which shall be kept on record of the appeal. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 66