- 1 - NC: 2025:KHC:16333-DB MFA No. 4721 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4721 OF 2017 (RES) BETWEEN: SRI. B.S. MALLIKARJUN S/O SRI. B.S. SIDDANNAIAH AGED ABOUT 60 YEARS COFFEE PLANTER R/O. OLD B.M. ROAD BALLUPET, SAKALESHPUR TALUK HASSAN DISTRICT …APPELLANT (BY SRI. H.R. ANANTHA KRISHNA MURTHY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY COMPETENT AUTHORITY HOUSE RENT CONTROLLER SOUTH RANGE BENGALURU NORTH SUB-DIVISION BENGALURU 2. INVESTECH BUILDERS AND DEVELOPERS PVT. LTD. No.377, 1ST FLOOR, 7TH CROSS 2ND MAIN, NEAR HOTEL SHANTISAGAR (AIRPORT ROD), DOMLUR LAYOUT BENGALURU-560 071 3. SRI. N. SURESH KIRSHNAMURTHY S/O LATE N.S. KRISHNAMURTHY Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16333-DB MFA No. 4721 of 2017 MAJOR IN AGE, "SAMRUDDHI" VISHVESWARAIAH ROAD VIDYANAGAR, HASSAN 4. SMT. VEENA SURESH W/O SRI. SURESH KRISHNAMURTHY MAJOR IN AGE, "SAMRUDDHI" VISHVESWARAIAH ROAD VIDYANAGAR, HASSAN 5. SMT. VEENA SURESH W/O SRI. SURESH KRISHNAMURTHY MAJOR IN AGE, "SAMRUDDHI" VISHVESWARAIAH ROAD VIDYANAGAR, HASSAN 6. SRI. S. ASHWIN KUMAR S/O N. SURESH KRISHNAMURTHY AGED: MAJOR, No.377, 1ST FLOOR 7TH CROSS, 2ND MAIN NEAR HOTEL SHANTHISAGAR (AIRPORT ROAD) DOMLUR LAYOUT BENGALURU-560 071 7. SRI. B.M. JAYARAM S/O B. MASTHI GOWDA AGED: MAJOR, No.5 1ST FLOOR, 3RD BLOCK 4TH STAGE BASAVESHWARANAGAR BENGALURU-560 079 8. SRI. V.R. RAMESH S/O LATE V.A. RANGASWAMY AGED: MAJOR, No.D-1/147 SATYAMARG, CHANAKYAPURA NEW DELHI-110 021 9. TALAVANE KRISHNA S/O T. THIMMAPPAIAH AGED ABOUT 68 YEARS INDUS VALLEY AYURVEDIC CENTRE - 3 - NC: 2025:KHC:16333-DB MFA No. 4721 of 2017 TALAVANE FARM LALITADRIPURA MYSURU- 560 010 …RESPONDENTS (BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1; SMT. SWATHI ASHOK, ADVOCATE FOR R9; V.O DATED 09.10.2023 - NOTICE TO R2 TO R8 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 16 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER DATED 24.04.2017 PASSED IN MISC.PETITION No.721/2009 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING MISCELLANEOUS PETITION FILED U/S 5(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - NC: 2025:KHC:16333-DB MFA No. 4721 of 2017 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo has been placed on record by the learned counsel for the appellant stating that he may be permitted to withdraw the appeal, since he has filed an application before the competent authority for recovery of amount due to him. 2. Memo is taken on record. 3. The submission is accepted. Accordingly, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 32