- 1 - HC-KAR NC: 2025:KHC:32477-DB COMAP No. 179 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 179 OF 2025 BETWEEN: 1. HOYSALA PROJECTS PVT. LTD. No.104, GROUND FLOOR INFANTRY TECHNO PARK BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR SATEESH TIRUMALI SRIRANGACHAR 2. SRI. SATEESH TIRUMALI SRIRANGACHAR MANAGING DIRECTOR OF HOYSALA PROJECTS PVT. LTD. R/AT. No.17, MANTRI ALTIUS CUBBON ROAD, OPP. HINDU OFFICE BENGALURU-560 001 …APPELLANTS (BY SRI. DILIP KUMAR I.S., ADVOCATE) AND: M/S. PRINCE SYSTEM PRIVATE LIMITED OFFICE AT No.20/18, AND 19 1ST FLOOR, MRR ROAD, NEAR MASJID SJP ROAD CROSS, BENGALURU-560 002 ALSO AT: OMSHRI MANSION No.5/1, 5TH CROSS BEHIND CORPORATION BANK MYSURU ROAD Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32477-DB COMAP No. 179 of 2025 BENGALURU-560 026 REPRESENTED BY ITS MANAGING DIRECTOR SRI. AMIT GUPTA …RESPONDENT THIS COMAP IS FILED UNDER SEC.13(1-A) OF COMMERCIAL COURTS ACT, 2015, PRAYING TO (a) SET ASIDE THE JUDGMENT AND DECREE DATED 21.07.2023 PASSED BY THE HON'BLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-84) IN COM.OS No.822/2021 IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellants has filed a memo for withdrawal of the appeal stating as under; "The appellant most humbly submits that he may be permitted to withdraw the present appeal as the entire decreetal amount has been paid to the respondent in Execution proceedings, in view of the same the office may be directed to refund the court fee paid before this court - 3 - HC-KAR NC: 2025:KHC:32477-DB COMAP No. 179 of 2025 in the permit the petitioner to withdraw interest of justice." 2. Recording the memo, appeal is dismissed as withdrawn. Court fee shall be refunded as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 60