Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42864-DB COMAP No. 501 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 501 OF 2024 BETWEEN:
SRI M NARAYANA @ NISHANTH S/O. LATE N. MUNISWAMAIAH, AGED ABOUT 44 YEARS, R/AT NO. 2/17, SUMUKA, 1ST CROSS, POOJARI LAYOUT, RMV EXTENSION, 2ND STAGE, BANGALORE - 560 094. …APPELLANT (BY SRI. SHREERAM TIMMAPPA NAYAK., ADVOCATE) AND:
1.
M/S M G DEVELOPERS REPRESENTED BY ITS PROMOTER, ABHISHEKGOWDA C.M., O/A. CHOLAPPANAHALLI VILLAGE, KASABAHOBLI, HOSKOTE TALUK, HOSKOTE 562 122.
2.
SRI. ABHISHEKGOWDA C.M., PROMOTER OF M/S. M.G. DEVELOPERS, S/O. LATE MUNISWAMYGOWDA, AGED ABOUT 26 YEARS, R/A. CHOLAPPANAHALLI VILLAGE, KASABAHOBLI, HOSKOTE TALUK, HOSKOTE 562 122.
3.
SMT. RUKKAMMA, W/O. LATE. N. MUNISWAMAIAH, AGED ABOUT 76 YEARS
Digitally signed by RUPA V Location: High Court Of Karnataka
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HC-KAR NC: 2025:KHC:42864-DB COMAP No. 501 of 2024
4.
SRI. BYRE GOWDA @ BYRAVGOWDA, SON OF LATE. N. MUNISWAMAIAH, AGED ABOUT 48 YEARS
5.
SMT. SNEHALATHA R., WIFE OF BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 42 YEARS
6.
PAVANSANDESH B., SON OF BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 19 YEARS,
7.
LAKSHMI PURVIKA B., D/O. BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 16 YEARS, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, BYRE GOWDA @ BYRAVGOWDA.
RESPONDENT NOS. 3 TO 7 ARE RESIDING AT NO. 3, NARAYANAPPA COMPOUND, RMV EXTENSION, 2ND STAGE, GEDDALAHALLI, BANGALORE - 560 094. …RESPONDENTS
THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SEC.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC.13(1- A) OF COMMERCIAL COURTS ACT, 2015., PRAYING THAT TO SET ASIDE THE ORDER DATED 30.09.2024 PASSED IN COMMERCIAL A.A.
NO.222/2024 BY LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85), (COMMERCIAL COURT) BENGALURU AND ETC.,
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR NC: 2025:KHC:42864-DB COMAP No. 501 of 2024
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. The memo reads as under:
"The Petitioner herein submits that the above matter has been settled between the parties out of court and as such the petitioner seeks to withdraw the above appeal as not pressed. Hence this Memo for withdrawal. Therefore, the same maybe taken on record in the interest of justice and equity."
2. The memo is placed on record.
3. In view of the said memo, the appeal is dismissed as withdrawn.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
ABK List No.: 1 Sl No.: 39