- 1 - NC: 2025:KHC:15811-DB COMAP No. 397 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 397 OF 2024 BETWEEN: M/S. SUMERU REALTY PVT. LTD. REP. BY ITS CEO SRI. SUNIT SURYAKANT KALUSKAR REGISTRED OFFICE AT: 2ND FLOOR SAMVIT BUILDING NEXT TO ART OF LIVING ASHRAM OPP. KANAKAPURA ROAD BENGALURU-560 082 …APPELLANT (BY SRI. SWAROOP S., ADVOCATE) AND: 1. M/S. SHRIVISION LIVING SPACE PVT. LTD. AT No.40/43, 8TH MAIN, 4TH C ROSS RMV EXTENSION SADASHIVANAGARA BENGALURU-560 080 REP. BY ITS DIRECTOR SRI. A.M. SUBRAMANYA 2. MR. SYED ASMATH PASHA QHADRI S/O SYED KHADER PASHA AGED ABOUT 64 YEARS R/AT No.275, II BLOCK JAYANAGAR BEGNALURU-560 011 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15811-DB COMAP No. 397 of 2024 3. SRI. SYED SALMAN YUSUF QHADRI S/O SYED ASMATH PASHA QHADRI AGED ABOUT 33 YEARS R/AT No.275, II BLOCK JAYANAGAR BEGNALURU-560 011 …RESPONDENTS (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR C/R2 & R3) THE COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT 2015, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO (i) CALL FOR RECORDS IN COM.O.S. No.54/2023 BEFORE THE LEARNED XI ADDL. DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL DESIGNATED COMMERCIAL COURT (ii) SET ASIDE THE IMPUGNED ORDER DATED 23.07.2024 PASSED ON I.A. No.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CODE OF CIVIL PROCEDURE IN COM.O.S. No.54/2023 BEFORE THE LEARNED XI ADDL. DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL (DESIGNATED COMMERCIAL COURT) (ANNEXURE A) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC:15811-DB COMAP No. 397 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant has filed memo dated 20.03.2025 stating that the instant appeal has become infructuous. 2. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 2 Sl No.: 29