- 1 - HC-KAR NC: 2025:KHC:47253-DB COMAP No. 592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 592 OF 2025 BETWEEN: 1. M/S. CONCEPT CITY DEVELOPERS A PARTNER SHIP FIRM: (REG. No.2118/2004-05 BEFORE REGISTRAR OF FIRMS GANDHINAGARA) HAVING REGISTERED OFFICE AT: No.238, C.V. RAMAN ROAD RMV EXTENSION, BENGALURU - 560 080 REPRESENTED BY ITS PARTNER MR. K.S. RAJSHEKAR …APPELLANT (BY SRI KESHAVA BHAT S.N., ADVOCATE) AND: 1. MR. MALUR ES EN KRISSHNAIAH SETTY S/O LATE S.NARAYANA SETTY AGE ABOUT 66 YEARS OCCUPATION: POLILTILCIAN AND LAND AGGREGATOR FORMER HOUSING MINISTER GOVERNMENT OF KARNATAKA R/A: AT No.50, 17TH CROSS 10TH MAIN, NEAR MES COLLEGE MALLESHWARAM, BENGALURU - 560 055 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47253-DB COMAP No. 592 of 2025 2. MR. S.N. BALARAM S/O LATE S. NARAYANA SETTY AGED ABOUT 62 YEARS OCCUPATION: BUSINESS R/A: AT No. 456, 64TH CROSS 5TH BLOCK, RAJAJINAGARA BENGALURU - 560 010 3. MR. S.N. RAMESH S/O. LATE S.NARAYANA SETTY AGE ABOUT 61 YEARS OCCUPATION: BUSINESS R/A AT No.456, 64TH CROSS 5TH BLOCK, RAJAJINAGARA BENGALURU - 560 010 4. MR. MARRI JANARDHAN REDDY S/O. MR. M. JANGI REDDY AGED 53 YEARS OCCUPATION: BUSINESS AND POLITICIAN R/A: No.97, BALAJI SUVARNA PURI COLONY RAJIV NAGAR, MOTHI NAGAR HYDERABAD - 500 016 5. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., HEAD OFFICE BRANCH IFSC: KBSB0000001 "UTHUNGA", No.1, PAMPA MAHAKAVI ROAD CHAMARAJAPET BENGALURU - 560 0178 REP. BY ITS GENERAL MANAGER 6. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY ROOM No.320, 3RD FLOOR VIDHANASOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 - 3 - HC-KAR NC: 2025:KHC:47253-DB COMAP No. 592 of 2025 7. ADDITIONAL CHIEF SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT STATE OF KARNATAKA 3RD GATE, 3RD FLOOR, M.S. BUILDILNG DR. AMBEDKAR VEEDHI BENGALURU - 560 001 8. JALIGE GRAMA PANCHAYATH JALIGE VILLAGE, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 REP. BY PANCHAYATH DEVELOPMENT OFICER …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO PASS AN ORDER SETTING ASIDE THE IMPUGNED ORDER DATED 19/09/2025 AS PER ANNEXURE-A PASSED BY THE TRIAL COURT IN INTERIM APPLICATION (IA NO. IX) UNDER ORDER XIV RULE 5 R/W.SEC.151 OF CODE OF CIVIL PROCEDURE, 1908 AS PRAYED FOR BY CALLING FOR RECORDS IN COMMERCIAL O.S. NO.34/2025 ON THE FILE OF XI ADDITIONAL DISTRICT & SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL AND THEREBY ALLOWING THE IA NO. IX WITH A DIRECTION TO FRAME ADDITIONAL ISSUE/RECASTING THE ISSUES AS UNDER: (A). "WHETHER, PLAINTIFF PROVE THAT THE DEFENDANT NO.1 BEING A POLITICALLY INFLUENTIAL PERSON AND IN THE DOMINANT POSITION OVER THE PLAINTIFF; IN EXERCISE OF UNDUE INFLUENCE HAD FORCED THE PLAINTIFF TO EXECUTE/REGISTER DEED OF RECESSION & CANCELLATION OF AGREEMENT DATED 11-04-2022 AND ALSO DEED OF REVOCATION OF GPA DATED 11-04-2022?" & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:47253-DB COMAP No. 592 of 2025 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. The learned counsel appearing for the appellant seeks to withdraw the present appeal. 2. The appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 27