- 1 - HC-KAR NC: 2025:KHC:40530-DB COMAP No. 89 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 89 OF 2025 (AA) BETWEEN: PREMA R NAYAK W/O M RATHNAKAR NAYAK, AGED ABOUT 70 YEARS, R/AT SRI RAM JEPPU, MANGALURU - 575 002, DAKSHINA KANNADA. …APPELLANT (BY MS. SWATI G HEGDE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. MR M SATHISHCHANDRA NAYAK S/O LATE M VAMAH NAYAK, AGED ABOUT 69 YEARS, R/A SRI RAM JEPPU, MANGALURU - 575 002, DAKSHINA KANNADA. 2. SMT MUKTHA D NAYAK W/O DAMODAR NAYAK, AGED ABOUT 72 YEARS, R/AT MANGALA, SILVA ROAD, FALNIR, MANGALURU - 575 001. 3. MR SURENDRA NAYAK H/O LATE PREMALATHA S NAYAK, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40530-DB COMAP No. 89 of 2025 AGED ABOUT 84 YEARS, R/AT SWASTH, D NO. 1-S-22-1703/1(1) URWA MAKEY SULAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT, MANGALURU - 575 006. 4. MR RAJESH NAYAK S/O LATE PREMALATHA S. NAYAK AGED ABOUT 56 YEARS, R/AT SWASTHI, D.NO. 1-S-22-1703/1(1), URWA MARKEY, SULTAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT MANGALURU-575 006. 5. MR. RAHUL NAYAK S/O LATE PREMALATHA S. NAYAK AGED ABOUT 47 YEARS R/AT SWASTHI, D.NO. 1-S-22-1703/1(1), URWA MARKEY, SULTAN BATHERY ROAD, OPPOSITE SUN DEW APARTMENT MANGALURU - 575006. 6. MRS LEELA NAYAK W/O LATE RUPESH NAYAK AGED ABOUT 43 YEARS R/AT 107-1, KARIKUDRUBALKUR, KUNDAPURATALUK, UDUPI DISTRICT- 576 211 7. MR SHUBHAN NAYAK S/O LATE RUPESH NAYAK AGED ABOUT 18 YEARS, R/AT 107-1, KARIKUDRUBALKUR, KUNDAPURATALUK, UDUPI DISTRICT-576211 8. MASTER SHARAN NAYAK S/O LATE RUPESH NAYAK AGED ABOUT 13 YEARS R/AT 107-1, KARIKUDRUBALKUR, - 3 - HC-KAR NC: 2025:KHC:40530-DB COMAP No. 89 of 2025 KUNDAPURATALUK,- 576211 UDUPI DISTRICT, MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN VIZ. MRS LEELA NAYAK W/O LATE RUPESH NAYAK 9. MR K PREMNATH, B.A.LL.B, ADVOCATE AND ARBITRATOR I FLOOR, BESANT COMPLEX, M.G. ROAD, KODIALBAIL, MANGALURU 575003, D.K. …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION13(1-A) OF COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 09.08.2024 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE MANGALORE IN A.S. No.115/2018 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellant seeks to withdraw the present appeal. - 4 - HC-KAR NC: 2025:KHC:40530-DB COMAP No. 89 of 2025 2. The present appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 8