- 1 - NC: 2025:KHC:1711-DB RFA No. 935 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.935 OF 2019 (RES) BETWEEN: M/S. DAR PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT OF 1956 HAVING ITS REGISTERED OFFICE AT "PRARABDH" NO.421/A, 15TH ROAD KHAR (WEST), MUMBAI - 400 052 REPRESENTED BY ITS MANAGING DIRECTOR MR. SHAFFIN DAMJI …APPELLANT (BY MS. DEEPTHI DIVYA PRAKASH, ADVOCATE AND SRI SUNDARAMURTHY, ADVOCATE) AND: M/S. BANGALORE VILLAS PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT OF 1956 HAVING ITS REGISTERED OFFICE AT NO.190 SANKEY ROAD, SADASHIVANAGAR BENGALURU - 560 080 REPRESENTED BY ITS DIRECTOR MR. J. P. SUDHAKAR …RESPONDENT (BY SRI ANAND B. MUDDAPPA, ADVOCATE) * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1711-DB RFA No. 935 of 2019 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 01.03.2019 PASSED IN O.S. NO.4887 OF 2009 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DECREEING THE SUIT FOR RECOVERY OF MONEY AND DAMAGES. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is filed by the appellant/defendant praying to set-aside the judgment and decree dated 01.03.2019 passed in O.S.No.4887/2009 pending on the file of VIII Addl. City Civil and Sessions Judge(CCH-15), Bengaluru, whereunder the suit filed by the plaintiff/respondent herein was decreed and the plaintiff company was entitled to claim from defendant a sum of Rs.24,86,217/- towards breakages/damages. Learned counsel Ms. Deepthi Divya Prakash, representing Sri. Sundaramurthy is appearing before the Court physically and she files a memo dated 15.01.2025 for withdrawal of the appeal. The same is taken on record. However, learned counsel - 3 - NC: 2025:KHC:1711-DB RFA No. 935 of 2019 submits that the earlier memo dated 10.01.2025 filed for withdrawal of the appeal may be dismissed as not pressed. Hence, the same is dismissed as not pressed. Further, learned counsel for the appellant seeks for refund of the court fee. Hence, it is hereby directed that the court fee, if any, paid by the appellant, the same shall be refunded after due identification. Accordingly, the appeal is dismissed as withdrawn. In view of dismissal of the main matter, I.A.No.1/19 for stay does not survive for consideration and the same stands disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 1