- 1 - NC: 2025:KHC:11962-DB COMAP No. 170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 170 OF 2025 BETWEEN: 1. SYED ASMATH PASHA QHADRI S/O. SYED KHADER PASHA QHADRI AGED ABOUT 64 YEARS 2. SYED SALMAN YUSUF QHADRI S/O. SYED ASMATH PASHA QHADRI AGED ABOUT 33 YEARS BOTH RESIDING AT NO.275, 2ND BLOCK, JAYANAGAR BENGALURU - 560 011 …APPELLANTS (BY SRI. A MAHESH CHOWDHARY, ADVOCATE) AND: 1. M/S. SRI SUMERU REALTY PVT. LTD., REP. BY ITS CEO SRI. SUNIT SURYAKANT KALUSKAR. REGISTERED OFFICE AT 2ND FLOOR, SAMVIT BUILDING, Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11962-DB COMAP No. 170 of 2025 NEXT TO ART OF LIVING ASHRAM, OPP. KANAKAPURA ROAD, BENGALURU - 560 082 2. M/S. SHRIVISION LIVING SPACE PUT. LTD., OFFICE AT NO.40/43, 8TH MAIN, 4TH CROSS, RMV EXTENSION, SADASHIVANAGAR, BENGALURU - 560 080 REP. BY ITS DIRECTOR SRI. A.M. SUBRAMANYA …RESPONDENTS (BY SMT. LAKSHMY IYENGAR, SENIOR ADVOCATE ALONG WITH SRI. S. SWAROOP, ADVOCATE FOR C/R1) THIS COMMERCIAL APPEAL FILED UNDER SECTION 13 (1-A) OF COMMERCIAL COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17.03.2025 PASSED BY THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT), BENGALURU RURAL IN COM.O.S.NO.54/2023 VIDE ANNEXURE A AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:11962-DB COMAP No. 170 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) The present commercial appeal arises out of the order dated 17.03.2025 passed by learned XI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby the interim application filed by the plaintiff in the proceedings of Commercial Original Suit No.54 of 2023 under Order VII Rule 10 of the Code of Civil Procedure, 1908 came to be allowed. As a result, it was directed by the Court to return the plaint to the plaintiff to present the same before the competent Civil Court namely, Principal Civil Judge Court, Bengaluru Rural District, Bengaluru. 2. In course of the submissions, learned advocate Mr. A. Mahesh Chowdhary for the appellants prayed before the court to permit the appellants to withdraw the appeal. It was further requested that the appellants may be permitted to raise all contentions which are sought to be raised in this appeal before the court where the plaint is to be presented. - 4 - NC: 2025:KHC:11962-DB COMAP No. 170 of 2025 3. Learned Senior Advocate Smt. Lakshmy Iyengar for respondent No.1 has no objection to the withdrawal of the appeal by the appellants. 4. The parties are at liberty to raise all their contentions before the court where the plaint of the instant suit may be presented as per the impugned order. 5. The appeal is accordingly disposed of as withdrawn. In view of disposal of the appeal, the interlocutory application would not survive and it stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE CR List No.: 1 Sl No.: 27