- 1 - HC-KAR NC: 2025:KHC:40201-DB COMAP No. 332 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 332 OF 2023 BETWEEN: 1. SRI V VIDYASAGAR S/O LATE N VENKATARAM AGED ABOUT 58 YEARS SINCE DECEASED BY LR 1(A). RATHAN .V, S/O V. VIDYASAGAR, AGED ABOUT 25 YEARS, R/AT PARVATHAMMA BUILDING, PARVATHAMMA LAYOUT, THINDLU, VIDYARANYAPURA POST BENGALURU-560 095. CARRIED OUT AMENDMENT AS PER ORDER DTD:10.10.2025. 2. SMT USHA S, W/O SRI V VIDYASAGAR, AGED ABOUT 57 YEARS, R/AT PARVATHAMMA BUILDING, PARVATHAMMA LAYOUT, THINDLU, VIDYARANYAPURA POST, BENGALURU-560 095. …APPELLANTS (BY SRI. K.R. SHIVA KUMAR, ADVOCATE FOR SRI. RAJESWARA P N., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40201-DB COMAP No. 332 of 2023 AND: 1. M/S SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING ITS REGISTERED OFFICE AT ISRO SATELLITE CENTRE, OLD AIRPORT ROAD, BANGALORE-560 017, REPRESENTED BY ITS PRESIDENT. 2. MR BASAVARAJ S AKKIMARADI, FATHER'S NAME NOT KNOWN TO APPLICANTS, MAJOR, PRESIDENT, SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LIMITED, ISRO SATELLITE CENTRE, OLD AIRPORT ROAD, BENGALURU-560 017. 3. RAMAKRISHNAN S, S/O A SHIVAN, AGED ABOUT 37 YEARS, VICE PRESIDENT, SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LIMITED, ISRO SATELLITE CENTRE, OLD AIRPORT ROAD, BENGALURU-560 017. 4. SIVABALASUBRAMANIAN N, FATHER'S NAME NOT KNOWN TO APPLICANTS MAJOR, DIRECTOR SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LIMITED, ISRO SATELLITE CENTRE, OLD AIRPORT ROAD, - 3 - HC-KAR NC: 2025:KHC:40201-DB COMAP No. 332 of 2023 BENGALURU-560 017. 5. VISHU KISHORE PAI, FATHER'S NAME NOT KNOWN TO THE APPLICANTS, MAJOR, DIRECTOR, SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LIMITED, ISRO SATELLITE CENTRE, OLD AIRPORT ROAD, BENGALURU-560 017. …RESPONDENTS (BY SRI. VIVEK B.N., ADVOCATE FOR SRI. ABHINAV RAMANAND A., ADVOCATE FOR R1, R2 TO R5 ARE SERVED) THIS APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015 R/W ORDER XLIII RULE 1(S) OF THE CPC, 1908, PRAYING TO SET ASIDE THE ORDER DATED 28/06/2023 IN COMMERCIAL MISC PETITION NO. 12/2019 PASSED BY THE HON'BLE COURT OF LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.NO.84), BENGALURU AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2025:KHC:40201-DB COMAP No. 332 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing on either side submit that a settlement has been arrived at between the parties in this matter and that this appeal therefore does not survive for consideration. 2. However, learned counsel appearing for the appellants submits that COMAP No.356/2023 is pending between the appellants on the one hand and the Vijaya Bank/Bank of Baroda on the other hand and that the respondents herein are also parties to the said appeal. 3. It is submitted that closing of this appeal should not in any manner, prejudice the rights of the appellants in the said appeal as against Vijaya Bank/Bank of Baroda. 4. In the above view of the matter, accepting the submissions made that the matter has been amicably settled between the parties to this appeal, this commercial appeal is disposed of as having been settled. However, it - 5 - HC-KAR NC: 2025:KHC:40201-DB COMAP No. 332 of 2023 is made clear that closing of this appeal shall have no bearing on the claim of the appellants in COMAP No.356/2023 as against Vijaya Bank/Bank of Baroda. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 23