- 1 - HC-KAR NC: 2025:KHC:33430-DB COMAP No. 102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 102 OF 2025 BETWEEN: SMT. HABEBA KHANAN, W/O. NAWAZ KHAN, AGED ABOUT 40 YEARS, R/AT NO. 26, SULTAN NAGAR, 2ND CROSS, OPP. JAIN TEMPLE, SHIVAJINAGAR, BENGALURU - 560 051. AND ALSO AT SHOP NO. 18, GROUND FLOOR, "KRUPASHRI", OLD NO. 14, QUADRANT ROAD, NOW NEW NO. 23, THYAGI DORESWAMY ROAD, PID NO. 79-23-23, WARD NO. 79, SHIVAJINAGAR, BENGALURU - 560 051. …APPELLANT (BY SRI S JAGAN BABU, ADVOCATE) AND: 1. DR. GIRISH K NASHI, S/O LATE K G NASHI, AGED ABOUT 66 YEARS. 2. R SHARMILA, W/O GIRISH K NASHI, AGED ABOUT 57 YEARS. 3. AMARESH G NASHI, S/O GIRISH K NASHI, AGED ABOUT 34 YEARS. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33430-DB COMAP No. 102 of 2025 4. ADESH G NASHI, S/O GIRISH K NASHI, AGED ABOUT 30 YEARS. ALL ARE R/O NO. 76, N N FARM ROAD, SANJAYNAGAR, BENGALURU - 560 094. 5. THE AUTHORISED OFFICER, SIR M VISVESWARAYA CO-OPERATIVE BANK LTD., NO. 109, CORPORATE OFFICE, SHANKARAPURAM, BENGALURU - 560 051. …RESPONDENTS (BY SRI MAHABALESHWARA RAO K N, ADVOCATE FOR R-1 TO 4) THIS COMAP IS FILED UNDER ORDER XIII (1) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.12.2024 PASSED BY THE LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84) IN COM.OS.NO.1045/2022 AND DISMISS THE SUIT OF RESPONDENT NO.1 TO 4 PLAINTIFF AS PRAYED FOR BY THE APPELLANT/ DEFENDANT NO.1 IN THE WRITTEN STATEMENT. 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 JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellant seeks to withdraw the present appeal as per memo dated 07.08.2025. - 3 - HC-KAR NC: 2025:KHC:33430-DB COMAP No. 102 of 2025 2. Hence, the appeal is dismissed as withdrawn. 3. Considering that the appeal is pending for some time and that the withdrawal has been sought prior to the notice being issued, we also consider it apposite to direct 50% of the court fee be refunded to the appellant. 4. Registry to issue Certificate for Refund of court fee to the extent of 50%. 5. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 36