- 1 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 147 OF 2024 BETWEEN: M/S. VENKATA ROYALE HOMES A REGISTERED PARTNERSHIP FIRM OFFICE AT No.56, 2ND FLOOR 5TH MAIN, KODIHALLI BENGALURU-560 008 REPRESENTED BY ITS PARTNER A). MR. BRAMHANANDA REDDY GOTTY S/O MR. NARAPA REDDY GOOTY AGED ABOUT 39 YEARS B). M/S. EMPIRE PARADISE INDIA PRIVATE LIMITED INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 REPRESENTED BY ITS MANAGING DIRECTOR MR. RAVI KUMAR T. …APPELLANT (BY SRI. THONTADHARYA R.K., ADVOCATE FOR SRI. AJIT P.B., ADVOCATE) AND: 1. SMT. BAAYYAMMA W/O S.M. NANJUNDAIAH AGED ABOUT 63 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 2. SRI. BALA MURALI KRISHNA S/O NANJUNDAIAH AGED ABOUT 46 YEARS 3. SRI. SRINIVASA S/O NANJUNDAIAH AGED ABOUT 43 YEARS 4. SMT. SHOBHA D/O NANJUNDAIAH AGED ABOUT 38 YEARS RESPONDENTS No.1 TO 4 ARE RESIDING AT SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU RURLA DISTRICT-560 067 5. SMT. B.N. LALITHAMMA W/O LATE K. VENKATARAMANAPPA AGED ABOUT 65 YEARS 6. SMT. V. SHRUTHI D/O LATE K. VENKATARAMANAPPA AGED ABOUT 42 YEARS 7. SMT. V. SUPRIYA D/O LATE K. VENKATARAMANAPPA AGED ABOUT 40 YEARS 8. SRI. V. RANJITH S/O LATE K. VENKATARAMANAPPA, AGED ABOUT 31 YEARS, RESPONDENTS No.5 TO 8 ARE RESIDING AT SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU RURLA DISTRICT-560 067 - 3 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 9. SMT. N. VIJAYALAKSHMI W/O T. NARENDRA BABU AGED ABOUT 46 YEARS RESIDING AT IMMADIHALLI MAIN ROAD THIMMAIAH COMPOUND HAGADUR, WHITEFIELD POST BENGALURU-560 066 10. SRI. G.R.K. MOHAN RAJU S/O LATE G. SUBBA RAJU AGED ABOUT 50 YEARS RESIDING AT SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU RURLA DISTRICT-560 067 11. SRI. M.K. VASUDEVA MURTHY S/O M.V. KRISHNA MURTHY AGED ABOUT 46 YEARS 12. SRI. M.K. KESHAVA MURTHY S/O M.V. KRISHNA MURTHY AGED ABOUT 56 YEARS RESPONDENTS No.11 & 12 ARE RESIDING AT LAKSHMI SAGAR MAIN ROAD MAHADEVAPURA MAIN ROAD BENGALURU-560 048 13. SMT. MANJULA W/O LATE CHANDRACHARI AGED ABOUT 40 YEARS 14. MR. BHARATH C. S/O LATE CHANDRACHARI AGED ABOUT 15 YEARS 15. KUM. NANDINI C. S/O LATE CHANDRACHARI AGED ABOUT 12 YEARS - 4 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 RESPONDENTS No.14 & 15 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER MRS. MANJULA RESPONDENTS No.13 TO 15 ARE RESIDING AT SAMETHANAHALI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT-560 067 16. SMT. C. UMA W/O MALLESH AGED ABOUT 62 YEARS RESIDING AT HADENAHALLI VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 114 17. SRI. VEERABHADRAPPA S/O LATE CHIKKARUDRAPPA AGED ABOUT 75 YEARS RESIDING AT RUDRAPPA LAYOUT OLD CHANNASANDRA POST OFFICE ROAD BIDARAHALLI HOBLI BENGALURU-560 077 18. SMT. ARUNA YALLAM RAJU W/O PRITHVI RAJ AGED ABOUT 40 YEARS RESIDING AT NANJUNDAIAH'S HOUSE AKKEMA NILAYA, SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HASOKOTE TALUK BENGALURU RURAL DISTRICT-560 067 19. MR. MALLIKARJUN C.H. S/O MR. MALAKONDAIAH AGED ABOUT 49 YEARS R/AT No.203, KALPONA PRIDE HOMES 9TH CROSS, KODIHALLI BENGALURU-560 008 - 5 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 20. GUDIPATI SRINIVASA REDDY S/O MR. AYYAPPA REDDY AGED ABOUT 45 YEARS R/AT No.1602, 16TH FLOOR E BLOCK, 26/1, BRIGADE GATEWAY SUBRAMANYA NAGAR BENGALURU-560 055 …RESPONDENTS (BY SRI. S. VIJAYA KUMAR, ADVOCATE FOR R1 TO R18; SRI. D.V. VENKATESH, ADVOCATE FOR R19; SRI. D. NAGARAJULU NAIDU, ADVOCATE FOR IMPLEADING APPLICANT) THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (a). CALL FOR RECORDS IN COMMERCIAL A.A.No.06/2023 ON THE FILE OF THE C/C X ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU AND (b). SET ASIDE THE ORDER DATED 10.04.2024 IN COMMERCIAL A.A.No.06/2023 FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT 1996 ON THE FILE OF THE C/C X ADDL. DISTRICT AND SECTIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU, BY THE PETITIONER/APPELLANT 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 - 6 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The learned counsel appearing for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. 2. It is submitted therein that the matter has been amicably settled between the parties and that the appeal may be dismissed as withdrawn. The said memo is duly signed by the appellant as well as the learned counsel for the appellant. 3. The learned counsel for the respondents also submits that the issues have been settled between the parties. 4. The memo filed by the learned counsel for the appellant is taken on record. Accordingly, the appeal is dismissed as withdrawn. - 7 - HC-KAR NC: 2025:KHC:35077-DB COMAP No. 147 of 2024 All pending interlocutory applications shall stand dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 31