- 1 - HC-KAR NC: 2025:KHC:41693-DB WA No. 944 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.944 OF 2023 (GM-RES) BETWEEN: K. NANJUNDEGOWDA S/O KRISHNE GOWDA A AGED ABOUT 54 YEARS R/A NO.1133/1, 'KANCHANA GANGA', 3RD MAIN ROAD, 3RD CROSS B.E.M.L 5TH STAGE RAJARAJESHWARI NAGARA BENGALURU-560 098. …APPELLANT (BY SRI. PRASANNA B R., ADVOCATE) AND: 1. M/S. OMKAR ASSETS RECONSTRUCTION PVT. LTD. REGISTERED OFFICE AT NO.9, M P NAGAR FIRST STREET, KONGLU NEAR EXTENSION TIRUPUR - 641 607. TAMIL NADU AND ITS CORPORATE OFFICE AT C-515, KANIKA ZILLION JUNCTOR OF C.B.S. ROAD AND C.S.T ROAD KURLA WEST-400 070 REP. BY ITS AUTHORIZED OFFICER MR. PRATHIKSHA PATEL Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41693-DB WA No. 944 of 2023 2. M/S. LAXMI MANUFACTURING AND TRADING COMPANY NEAR HANUMAN TEMPLE MURAMBA POST KINKHAD TA.MURTIZAPUR CITY MURMBA, AKOLA-444 107. 3. MR. DINESH KESHAWRAO ATKARE S/O MR. KESHAWRAO ATKARE AGED ABOUT 49 YEARS FLAT NO.202, SHUBHAM TOWER-1 SHARTHAK CO-OP CHALA PARDI VALSAD, GUJARAT-396 191. AND ALSO AVAILABE AT NO.KANCHANAGANGA, NO.164, SY. NO.217/A4, HALAGEVADERAHALLI VILLAGE, WARD NO.160 RAJARAJESHWARINAGARA BENGALURU-560 098. 4. MR. AMARESH SHANTHILAL SHAH AGED MAJOR NO.503, NANDLAL CO-OP HSG SOCIETY LTD., RIDDHI PALACE, OFF. SV ROAD NEAR KORA KENDRA BORIVALI (W), MUMBAI-400 092. 5. MR. MADAN KESHAWRAO ATKARE AGED MAJOR NEAR HANUMAN TEMPLE AT MURAMBA POST KINKHAD TA.MURTIZAPUR CITY MURMBA, AKOLA-444 107. 6. MRS. DIPALI DINESH ATKARE W/O MR. DINESH ATKARE - 3 - HC-KAR NC: 2025:KHC:41693-DB WA No. 944 of 2023 AGED ABOUT 49 YEARS FLAT NO.202, SHUBHAM TOWER-1 SHARTHAK CO-OP CHALA PARDI, VALSAD, GUJARAT-396 191. 7. M/S. SANTOSHI POLYMERS NO.372/8-8, HINGRAJ INDUSTRIAL ESTATE NEAR WATER SUPPLY SCHEME VILLAGE DABHEL, SOMNATH DAMAN DAMAN-396 215. 8. M/S. SANTHOSHI BARRIER FILM INDIA PVT. LTD., PLOT NO.D-51, BUTIBORI MIDC INDUSTRIAL ESTATE AREA VILLAGE, GANGAPUR, HINGA NAGPUR-441 304. …RESPONDENTS THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO i) TO SET ASIDE THE IMPUGNED ORDER DATED 06.07.2023 IN WRIT PETITION No. 20643/2022 (GM-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE HIGH COURT AND TO ALLOW THE WRIT PETITION AS PRAYED FOR AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, 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:41693-DB WA No. 944 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellant in the above appeal prays that above Writ Appeal may kindly be dismissed as not pressed, in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 16