- 1 - HC-KAR NC: 2025:KHC:46294-DB COMAP No.104/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.104/2024 BETWEEN: 1. MR. S. KIRAN AGED ABOUT 52 YEARS S/O LATE B. SHIVANANJAPPA. 2. MR. S. SUNIL AGED ABOUT 48 YEARS S/O LATE B. SHIVANANJAPPA. 3. M/S. SRI BASAVESHWARA TIMBERS A PARTNERSHIP CONCERN REPRESENTED BY ITS PARTNERS VIZ., PETITIONER NOS.1 & 2. AT NO.40/5, (OLD NO.10) INDUSTRIAL SUBRUB BANGALORE-TUMKUR ROAD YESHWANTHPUR, BENGALURU - 560 022. ALSO AT : PORTION OF NO.40/6 (OLD NO.10) INDUSTRIAL SUBRUB BANGALORE-TUMKUR ROAD YESHWANTHPUR, BENGALURU - 560 022. …APPELLANTS (BY SRI. SIDDHARTH B. MUCHANDI, ADV.,) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:46294-DB COMAP No.104/2024 AND: SRI. K.S. SHREYAS AGED ABOUT 39 YEARS S/O LATE K.M. SHIVAKUMAR R/AT NO 165/B, 6TH MAIN ROAD 3RD PHASE, JP NAGAR BENGAKLURU - 560 078. …RESPONDENT THIS COMMERCIAL APPEAL/COMAP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRITE OR ORDER OR DIRECTION TO QUASH THE IMPUGNED THE ORDER DATED 03/07/2023, ALLOWING THE I.A.NO.3 FILED UNDER ORDER XII RULE 6 R/W SECTION 151 OF CPC (ANNEXURE-E) PASSED BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-90) IN COM.O.S.NO.874/2022 FILED BY THE RESPONDENT IN THE INTEREST OF JUSTICE & 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:46294-DB COMAP No.104/2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants has filed a memo seeking leave of the Court to withdraw the appeal. The said memo is placed on record which reads as under: "The undersigned counsel for the appellants in the above case submits that this Hon'ble Court may be pleased permit to withdraw the above petition as it has become infructuous, to meet in the interest of justice." 2. In view of aforesaid memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 47