- 1 - HC-KAR NC: 2025:KHC-D:10166 RFA No. 100348 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100348 OF 2017 (DEC/INJ-) BETWEEN: 1. COMMERCE HOUSE HOUSING SOCEITY, NO.1945, KADOLKAR GALLI, BELAGAVI, REP. BY ITS PRESIDENT, SHRI. R.B. PATIL, AGE: 55 YEARS, OCC: BUSINESS, R/O: 2ND FLOOR, COMMERCE HOUSE, NO.1945, KADOLKAR GALLI, BELAGAVI. 2. PRAKASH TAVANAPPA MITHARI, AGE: 65 YEARS, OCC: BUSINESS, R/O: FLAT NO. 402, 4TH FLOOR, COMMERCE HOUSE, NO. 1945, KADOLKAR GALLI, BELAGAVI. 3. SUHAS BAHUBALI HULABATTE, AGE: 48 YEARS, OCC: PROPRRIETOR, R/O: PADMA COLLECTIONS, COMMERCE HOUSE, NO. 1945, KADOLKAR GALLI, BELAGAVI. 4. BHAVESH PARVEEN SHAHA, AGE: 65 YEARS, OCC: BUSINESS, R/O: DEEP CYCLE COMPANY, BICHCHU BUILDING, KHADE BAZAR, BELAGAVI. 5. 5a. 5b. LAXMAN FAKIRA HAWAL SINCE DECEASEC BY HIS LRS., SANJAY S/O LAXMAN HAWAL AGE: 52 YEARS, OCC: TAILOR, R/O: 4TH FLOOR, 1945, COMMERCE HOUSE, KADOLKAR GALLI, BELAGAVI. SHAKUNTALA WD/O LAXMAN HAWAL AGE: 68 YEARS, OCC: HOUSEWIFE, R/O: 4TH FLOOR, 1945, COMMERCE HOUSE, KADOLKAR GALLI, BELAGAVI. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.16 12:13:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10166 RFA No. 100348 of 2017 6. RAJU S/O. BALIRAM HAWAL, AGE: 66 YEARS, OCC: PROPRIETOR, R/O: VINAYAK CLOTH, G-10, COMMERCE HOUSE, NO. 1945, KADOLKAR GALLI, BELAGAVI. 7. PRANEET PRAKASH MITHARI, AGE: 45 YEARS, OCC: BUSINESS, R/O: PEE PEE INVESTMENTS, G-13, COMMERCE HOUSE, NO. 1945, KADOLKAR GALLI, BELAGAVI. 8. BHIMGOUDA SHIVGOUDA PATIL, AGE: 43 YEARS, OCC: BUSINESS, R/O: SHOP NO. G-6, GROUND FLOOR, COMMERCE HOUSE, NO. 1945, KADOLKAR GALLI, BELAGAVI. …APPELLANTS (BY SRI. RAVIRAJ C. PATIL, ADV) AND: 1. SHRI. ARUN S/O NARAYANRAO DIVEKAR, AGE: MAJOR, OCC: PRIVATE WORK, R/O: 4TH FLOOR, COMMERCE HOUSE, NO.1945, KADOLKAR GALLI, BELAGAVI. 2. M/S. BHAGWAT ASSOCIATES, REGISTERED BY ITS PROPRIETOR, ANIL ARAVIND BHAGAWAT, AGE: 39 YEARS, OCC: BUSINESS, R/O: SHREYAS SOCIETY, SHANKAR SHETH ROAD, PUNE. 3. BHARATI MOBILE LTD., REPRESENTED BY ITS TECHNICAL HEAD, T. K. ANANDKUMAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO. 47, MILLER TANK BUND ROAD, BENGALURU. 4. NARAYAN DEVENDRA PATIL, AGE: 45 YEARS, OCC: PROPRIETOR, R/O: MAPALE COMPUTERS, COMMERCE HOUSE NO.1945, KADOLKAR GALI, BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:10166 RFA No. 100348 of 2017 5. 6. BHARTI INFRATEL LTD., COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. H/5/12, MAHARAVALI ROAD, NEW DELHI-110030, HAVING ITS BRANCH OFFICE AT NO. 55, DIVYASHREE CHAMBERS, BANNERGHATTA ROAD, BENGALURU. REPRESENTED BY ITS MANAGING DIRECTOR. SAMEER CHANDRAKANT ANVEKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: NO.43, CORPORATION COMMERCIAL COMPLEX, GOAVES, BELAGAVI. 7. UNITED WESTERN BANK LTD., REPRESENTED BY ITS MANAGER, R/O: 1ST FLOOR, COMMERCE HOUSE, NO.1945, KADOLKAR GALLI, BELAGAVI. 8. MAHENDRA JAIN HAJARIMAL @ PORWAL, AGE: 48 YEARS, OCC: BUSINESS, R/O. C/O. JAIN CLOTH STORES, OPP. PADMA STEEL, COMMERCE HOUSE NO. 1945, KADOLKAR GALLI, BELAGAVI. …RESPONDENTS (BY SRI. VITTHAL S. TELI, ADV FOR R1, SRI. V.M. SHEELVANT, ADV FOR R3 & R5, SRI. PRASAD R. SIDDHANTI, ADV FOR R8, NOTICE TO R6 IS SERVED, APPEAL AGAINST R2, R4 & R7 IS DISMISSED) THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 19.06.2014 PASSED IN O.S NO.66/2006 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, BELAGAVI, DISMISSING THE SUIT FILED FOR DECLARATION, MANDATORY INJUNCTION, PERPETUAL INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10166 RFA No. 100348 of 2017 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. 2. Memo is placed on record. 3. Appeal is hereby dismissed as withdrawn. 4. In view of the withdrawal of the appeal, I.A.No.1/2024 does not survive for consideration, accordingly the same is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 21