- 1 - NC: 2025:KHC:17118-DB COMAP No. 216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND COMMERCIAL APPEAL NO. 216 OF 2025 BETWEEN: 1. SRI. K.N. MURALIKRISHNA S/O. LATE K.H. NAGARAJA AGED ABOUT 56 YEARS, PROP: ADITYA ENTERPRISES, DOOR NO. 82/2, 1ST FLOOR, 4TH MAIN, BETWEEN 13TH AND 15TH CROSS, MALLESHWARAM, BANGALORE - 560 003 …APPELLANT (BY SRI. A GOPIPRAKASH, ADVOCATE) AND: 1. M/S. R. HANUMANTHAPPA AND SON REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, SRI. R.S. HANUMANTHA RAJU, S/O LATE R.R. SRINIVAS MURTHY, OFFICE AT H. HANUMANTAPPA BUILDING PUNA BENGALURU ROAD DAVANAGERE - 577 002. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17118-DB COMAP No. 216 of 2025 2. R.R. SRINIVASA MURTHY S/O. LATE R.S. RAVIDRANATH, AGED ABOUT 32 YEARS 3. SRI. R.H. RAMAN S/O. SR. R.S. HANUMANTHRAJU, AGED ABOUT 29 YEARS 4. SMT. R.V. JAYALAKSHMI W/O AGED ABOUT 60 YEARS ALL THE ABOVE RESPONDENT PARTNERS OF M/S HANUMANTAPPA AND SONS RESIDING AT HANUMANTAPPA ROAD PUNA BANGALORE ROAD, DAVANAGERE - 577 002. …RESPONDENTS THIS COMAP FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER ON MEMO DATED 11.03.2025 PENDING BEFORE THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE IN OS. NO.175/2019 BY TRANSFER THE SAME TO COMMERCIAL COURT ON THE BASIS OF SECTION 15(2) OF COMMERCIAL COURT ACT, 2015 VIDE ANNEXURE A AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:17118-DB COMAP No. 216 of 2025 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 Mr. A. Gopiprakash for the appellant seeks permission to withdraw the present appeal seeking further permission to file fresh one with different nomenclature. Permission to withdraw the appeal is granted. The appeal is dismissed as withdrawn, however, without expressing any opinion on the merits about the proposed appeal and its maintainability. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 62