- 1 - HC-KAR NC: 2025:KHC:33204-DB COMAP No. 429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 429 OF 2025 BETWEEN: M/S BEARYS PROPERTIES AND DEVELOPMENTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT BEARYS HORIZON, NO.21, WOOD STREET, BENGALURU-560025 REPRESENTED BY ITS DIRECTOR, MR ABUBAKAR SIDDIQUE BEARY. …APPELLANT (BY SRI. DHYAN CHINNAPPA, SR. ADV. FOR SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. MR SHAMSUDDIN ZIA JUKAKU S/O LATE MR JUKAKU ABDUL RAHIM, AGED ABOUT 57 YEARS, R/AT PO BOX 3207 DUBAI, UAE. 2. MR FAHEEM JUKAKU S/O LATE MR JUKAKU ABDUL RAHIM, AGED ABOUT 53 YEARS, R/AT NO.6561, ALEXANDRITE COURT, MIRA LOMA, CALIFORNIA-91752 USA. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33204-DB COMAP No. 429 of 2025 3. MRS BIBI HUSNA JUKAKU D/O LATE MR JUKAKU ABDUL RAHIM, W/O MR. SADULLA MOHAMMED HUSSAIN, AGED ABOUT 52 YEARS, R/AT PO BOX 3207 DUBBAI, UAE. 4. MRS BIBI ASEEMA JUKAKU D/O LATE MR JUKAKU ABDUL RAHIM, W/O MR. ISHAQUE SYED IBRAHIM, AGED ABOUT 50 YEARS, R/AT PO BOX 3207 DUBBAI, UAE. 5. MRS. NAVEEDA JUKAKU D/O LATE MR JUKAKU ABDUL RAHIM, W/O MR. SHAHID ABDUL GANI, AGED ABOUT 42 YEARS, R/AT PO BOX 3207 DUBAI, UAE. RESPONDENT NOS.1 TO 5 ALSO R/AT NO.210, M M ROAD, NANDIDURGA CROSS ROAD, BENGALURU-560046 …RESPONDENTS (BY SRI. K S HARISH, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.07.2025 PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN COM.A.A. NO. 136/2024 (ANEXURE A) THEREBY ALLOWING THE SEC. 9 APPLICATION BEARING COM. A.A. NO. 136/2024 FILED BY THE APPELLANT BEFORE THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. - 3 - HC-KAR NC: 2025:KHC:33204-DB COMAP No. 429 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. Learned counsel appearing for the appellant seeks permission to withdraw the present appeal. 2. In view of the above submission, the present appeal is dismissed as withdrawn. 3. Pending applications, if any, stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KG List No.: 1 Sl No.: 121