- 1 - HC-KAR NC: 2025:KHC:27929-DB COMAP No. 502 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 502 OF 2022 BETWEEN: 1. SRI. A.H. ABID SAB S/O ATTAR HUSSAIN SAB AGED ABOUT 61 YEARS 2. SRI. SHAIK IDRUS S/O A.H. ABID SAB AGED ABOUT 36 YEARS BOTH ARE AGRICULTURISTS AND MERCHANTS R/O. N.H.206 ROAD ISLAMPURA, ACHAPURA VILLAGE ANANDAPURA POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 412 …APPELLANTS (BY SRI. MAHESH R UPPIN, ADVOCATE) AND: SRI. K.M. YUSUF SAB S/O KAMALUDDIN RAVATHAR AGE 86 YEARS LAND LORD R/O. MALLANDUR VILLAGE ANANDAPURA POST, SAGARA TALUK SHIVAMOGGA DISTRICT-577 411 …RESPONDENT Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27929-DB COMAP No. 502 of 2022 (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 06.09.2022 PASSED IN COM. ORIGINAL SUIT No.10017/2021 (OLD O.S.No.38/2016) ON THE FILE OF THE LEARNED V ADDL. DISTRICT & SESSIONS JUDGE, SHIVAMOGGA SITTING AT SAGAR AND ALLOW THIS APPEAL WITH COSTS IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo is placed on record stating that the matter is settled out of Court. The memo is duly signed by learned counsel for the appellants as well as learned counsel for the respondent. Both learned counsel are present before the Court and submit that the matter has been settled out of Court and that there is no objection in the appeal be disposed of as settled. - 3 - HC-KAR NC: 2025:KHC:27929-DB COMAP No. 502 of 2022 2. Recording the memo and accepting the contentions of the learned counsel appearing on either side, the appeal is dismissed as settled out of the Court. The appellants are permitted to withdraw the amount of Rs.3,00,000/- deposited before this Court pursuant to the orders passed by this Court. Court fee shall be refunded as applicable in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 80