- 1 - NC: 2025:KHC:7107 MFA No. 4565 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO.4565 OF 2020 (CPC) BETWEEN: 1. MR. P. RAMAKRISHNA S/O LATE PULLAPPA AGED ABOUT 50 YEARS R/AT KASAVANAHALLI VILLAGE, VARTHUR HOBLI, BENGALURU EAST TLAUK BENGALURU. 2. MR. K.C. NAGESH S/O LATE CHINNANNA AGED ABOUT 47 YEARS R/AT KODATHI VILLAGE VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU. …APPELLANTS (BY SMT. RAKSHITHA D.J., ADVOCATE) AND: 1. M/S. PURUVANKARA PROJECTS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTEREDD OFFICE AT NO.130/1, ULSOOR ROAD, BENGALURU - 560 042. REPRESENTED BY ITS Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:7107 MFA No. 4565 of 2020 DEPUTY MANAGER - LEGAL MR. SAHEB SADHIK HASAN. 2. M/S USHODAYA DEVELOPERS A PARTNERSHIP FIRM AVING ITS OFFICE AT NO.PH3, USHODAYA AURA, APARTMENT AECS, LAYOUT ROAD, KUNDALAHALLI, MARATHAHALLI, BENGALURU - 560 037. REPRESENTED BY ITS MANAGING PARTNER MR. S RAVINDER RAO. 3. MR. SUNDARSHAN UMESHCHANDRA JOSHI S/O LATE UMESHCHANDRA MADHAV JOSHI AGED ABOUT 70 YEARS R/AT NO. 107, ATHARVA, 4TH FLOOR, 4TH LANE, HINDU COLONY, DADAR MUMBAI - 400 014. …RESPONDENTS (BY SRI. JOSEPH ANTHONY, ADVOCATE FOR C/R) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 02.03.2020 PASSED ON I.A.NO.1 IN OS.NO.5474/2016 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING THE I.A. FILED UNDER ORDER 39 RULE 1 AND 2 OF CODE OF CIVIL PROCEDURE. - 3 - NC: 2025:KHC:7107 MFA No. 4565 of 2020 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K.NATARAJAN ORAL JUDGMENT 1. Learned counsel for the appellants submits that the matter is settled out of Court. 2. The submission is placed on record. 3. The appeal is dismissed as withdrawn. 4. Consequently, pending I.A.1/2020 does not survive for consideration. SD/- (K.NATARAJAN) JUDGE sac List No.: 1 Sl No.: 25