- 1 - HC-KAR NC: 2025:KHC:51917-DB COMAP No. 627 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 627 OF 2025 BETWEEN: SRI MANOJ KUMAR S/O KANHAYALAL, AGED ABOUT 39 YEARS, R/AT NO. 81, 4TH MAIN ROAD, GANGA NAGAR EXTENSION, HEBBAL BINNY MILL ROAD, GANGANAGAR, BANGALORE 560032. …APPELLANT (BY SRI. RAKSHITH KUMAR.,ADVOCATE) AND: 1. DR KOKILA S SHETTY W/O DR. SHRIDHAR SHETTY, AGED ABOUT 44 YEARS, NO. 112, 4TH CROSS, BEHIND BBMP MEI LAYOUT, BENGALURU NORTH, NAGASANDRA, BENGALURU 560073. 2. DR. SHRIDHAR SHETTY S/O LATE RAGHURAM SHETTY AGED ABOUT 48 YEARS, KRISHNA HOSPITAL, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51917-DB COMAP No. 627 of 2025 NEAR EXCEL KALYANA MANTAPPA, SUBROTO MUKERJI ROAD, JALAHALLI CROSS, BENGALURU 560015. 3. SRI SANKETH M S/O DAMODARA SHETTY , AGED ABOUT 37 YEARS, R/AT NO. 703, 7TH FLOOR, PRATHAM CASA SERENE APARTMENT, PRASHANTH NAGAR, S M ROAD, JALAHALLI CROSS, BANGALORE 560057. 4. RANJAN PRASAD A S/O SRIDHAR BHANDARY, AGED ABOUT 42 YEARS, R/AT NO. 45, SHANTHINAGAR, ARASINAKUNTE, NEAR ST. MARYS,CHURCH, NELAMANGALA, BANGALORE 562123. 5. RAMESH ROSHAN BORANA S/O ROSHAN BORANA, AGED ABOUT 49 YEARS, R/AT NO. 5, 2ND CROSS, MODEL COLONY, YASHWANTHPUR, BANGALORE 560022. …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13(1A) OF COMMERCIAL COURTS ACT, PRAYING TO CALL FOR RECORDS IN COM. O.S. No.836/2025 ON THE FILE OF LXXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BANGALORE, SET ASIDE THE IMPUGNED ORDER DATED 29.10.2025 IN COM. O.S. No. 836/2025 BY REJECITNG THE I.A. No.3/2025 FILED UNDER SECTION 151 OF CPC - 3 - HC-KAR NC: 2025:KHC:51917-DB COMAP No. 627 of 2025 PENDING ON THE FILE OF LXXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU VIDE ANNEXURE-A, ALLOWING THE APPEAL WITH COSTS. 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. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. None appears for the appellant. However, a memo has been filed by the learned counsel for the appellant seeking to withdraw the present appeal with liberty to avail the appropriate remedy. 2. The appeal is dismissed as withdrawn. We clarify that this order will not preclude the appellant from availing of any other remedy, if available, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 2 Sl No.: 3