- 1 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 21249 OF 2024 (GM-CPC) BETWEEN: M/S ISHA DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.9 6TH MAIN, 5TH CROSS CHAMUNDESHWARI NAGAR NYANAPPANAHALLI MAIN ROAD BEGUR HOBLI, BENGALURU 560068 REP BY ITS MANAGING PARTNER AND AUTHORIZED SIGNATORY MR BHARAT REDDY AGED 44 YEARS …PETITIONER (BY SRI. CHANDRASHEKARA REDDY M V.,ADVOCATE) AND: 1. MR. T.S.NANJUNDAPPA S/O SAMPANNA AGED ABOUT 63 YEARS 2. MR SANJAY S/O T S NANJUNDAPPA AGED ABOUT 35 YEARS 3. MR AJAY S/O T S NANJUNDAPPA AGED ABOUT 34 YEARS RESPONDENT NOS.1 TO 3 RESIDING AT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 T G LAYOUT HOSAKOTE TOWN BENGALURU RURAL DISTRICT-562114 4. MRS D V SUVARNA W/O D S SADANANDA AGED ABOUT 45 YEARS 5. MR D S SHASHI KUMAR S/O D S SADANANDA AGED ABOUT 30 YEARS RESPONDENT NOS.4 AND 5 RESIDING AT DEVALAPURA VILLAGE DEVANGONDI POST ANAGONDANAHALLI HOBLI HOSAKOTE BENGALURU RURAL DISTRICT - 562114 6. MR M RIYAZ AHMED S/O LATE BABA SAHEB AGED ABOUT MAJOR R/AT NEW NO.24, HUNCHINS ROAD COOKE TOWN, BENGALURU 560005 7. MR NAZEER KHAN S/O MAHBOOB KHAN AGED ABOUT 56 YEARS 8. MR NOOR KHAN S/O MAHABOOB KHAN AGED ABOUT 53 YEARS RESPONDENT NOS.7 AND 8 RESIDING BEHIND FOREST OFFICE, GANGAMMA GUDI ROAD, SRI M V EXTN, HOSAKOTE, BENGALURU RURAL DISTRICT - 562114 - 3 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 9. MRS SAVITHRAMMA W/O LATE D MUNIYAPPA AGED ABOUT 73 YEARS 10. MRS VASANTHA D/O LATE D MUNIYAPPA AGED ABOUT 48 YEARS 11. MR. M. ANAND S/O. LATE D. MUNIYAPPA, AGED ABOUT 45 YEARS 12. MR. SURESH S/O. LATE D. MUNIYAPPA, AGED ABOUT 43 YEARS 13. MRS. KAMALAMMA W/O. LATE MARIYAPPA, AGED ABOUT 58 YEARS 14. MRS. SUSHEELAMMA D/O. LATE MARIYAPPA, AGED ABOUT 38 YEARS 15. MRS. SHAKUNTALA D/O. LATE MARIYAPPA, AGED ABOUT 36 YEARS 16. MRS. KUMADHA D/O. LATE MARIYAPPA, AGED ABOUT 34 YEARS 17. MR. V. M. MANJUNATH S/O. LATE MARIYAPPA, AGED ABOUT 32 YEARS 18. MRS. MARIYAMMA W/O. LATE LAKSHMANNA, AGED ABOUT 73 YEARS - 4 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 19. MR. VENKATESH S/O. LATE LAKSHMANNA, AGED ABOUT 48 YEARS 20. MR. NARAYANASWAMY S/O. LATE LAKSHMANNA, AGED ABOUT 46 YEARS 21. MR. MUNIYAPPA S/O. LATE LAKSHMANNA, AGED ABOUT 44 YEARS 22. MR. MUNIVENKATA S/O. LATE LAKSHMANNA, AGED ABOUT 38 YEARS 23. MRS. LAKSHMI D/O. LATE LAKSHMANNA, AGED ABOUT 38 YEARS 24. MRS. YELLAMMA D/O. LATE LAKSHMANNA, AGED ABOUT 36 YEARS 25. MRS. RATHNAMMA D/O. LATE NARAYANAPPA, AGED ABOUT 53 YEARS 26. MRS. LAKSHMAMMA D/O. LATE NARAYANAPPA, AGED ABOUT 44 YEARS 27. MR. RAMESH S/O. LATE NARAYANAPPA, AGED ABOUT 42 YEARS RESPONDENT NOS.9 TO 27 RESIDING AT VARADAPURA VILLAGE, WARD NO. 22, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562114 - 5 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 28. MRS. SHOBHA RANI W/O. LATE R. VENKATASWAMY, AGED ABOUT 46 YEARS 29. MRS. KEERTHANA D/O. LATE R. VENKATASWAMY, AGED ABOUT 31 YEARS RESPONDENT NOS.28 AND 29 RESIDING AT VARADAPURA VILLAGE, WARD NO. 22, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562114 30. K. M. RAMACHANDRAIAH S/O. LATE K. N. MUNISHAMAPPA, AGED ABOUT 70 YEARS 31. MRS. NAGAMMA W/O. K. M. RAMACHANDRAIAH, AGED ABOUT 63 YEARS 32. MR. SRINIVAS BABU S/O. K. M. RAMACHANDRAIAH, AGED ABOUT 43 YEARS 33. MRS. BHARATHI W/O. SRINIVAS BABU, AGED ABOUT 34 YEARS 34. MRS. GEETHA W/O. VENUGOPAL, AGED ABOUT 32 YEARS 35. MR. H. V. NAVEEN KUMAR S/O. LATE K. M. VENKATESHALU, AGED ABOUT 30 YEARS, RESPONDENT NOS.30 TO 35 RESIDING AT VARADAPURA VILLAGE, - 6 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 WARD NO. 22, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562114 36. MRS. SYED UNNISA D/O. LATE SYED USMAN, AGED ABOUT 55 YEARS 37. MRS. ABID UNNISA D/O. LATE SYED USMAN, AGED ABOUT 55 YEARS 38. MRS. SHAHEEDA BEGUM D/O. LATE SYED USMAN, AGED ABOUT 53 YEARS 39. MR. SYED MUKTHIYAR SHA S/O. LATE SYED USMAN, AGED ABOUT 51 YEARS 40. MRS. SHAJEEDA UNNISA D/O. LATE SYED USMAN, AGED ABOUT 46 YEARS 41. MR. SYED ALI HAIDER SHA S/O. LATE SYED USMAN, AGED ABOUT 44 YEARS RESPONDENT NOS.36 TO 41 RESIDING AT VARADAPURA VILLAGE, WARD NO. 22, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562114 42. MR. K. M. ASHWATHA NARAYANA S/O. LATE MUNIRAMAIAH, AGED ABOUT 79 YEARS 43. MR. AMARNATH S/O. K. M. ASHWATHA NARAYANA, AGED ABOUT 41 YEARS - 7 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 RESPONDENT NOS.42 AND 43 RESIDING AT VARADAPURA VILLAGE, WARD NO. 22, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562114 …RESPONDENTS (BY SRI.BASAVARAJU.N., ADVOCATE FOR R9 TO R12) (V/O DATED 08.08.2024 NOTICE TO R1 TO R8 AND R13 TO R43 D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN COM.O.S.NO. 450/2022 PENDING BEFORE THE HONBLE COURT OF THE XI ADDL. CIVIL AND SESSIONS JUDGE AT BENGALURU RURAL, BENGALURU (COMMERCIAL COURT).SET ASIDE THE IMPUGNED ORDER DTD. 15.07.2024 IN ALLOWING THE COUNTER CLAIM FILED BY THE DEFENDANT NOS. 2 TO 5 IN COM.O.S.NO. 450/2022 PASSED BY THE HONBLE COURT OF THE XI ADDL. CIVIL AND SESSIONS JUDGE AT BENGALURU RURAL BENGALURU (COMMERCIAL COURT) (ANNX-A). AWARDS COSTS OF THESE PROCEEDINGS IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of this petition. - 8 - HC-KAR NC: 2025:KHC:54198 WP No. 21249 of 2024 2. The memo reads as under: "The undersigned counsel for the Petitioner submits that the parties have settled their disputes as per the Memorandum of Understanding dated 11.12.2025 (Copy of the Memorandum of Understandings is produced as Annexure - A). Accordingly, the Petitioner seeks to withdraw the above petition, with liberty to initiate fresh proceedings in the event the Respondents breach the terms of the settlement. It is prayed that this Hon'ble Court may be pleased to dispose of the above petition as withdrawn, with liberty as sought for, in the interest of justice and equity. 3. In view of the memo and submission of the learned counsel for the petitioner, the petition is dismissed as withdrawn with liberty as sought for. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, list No.: 1 Sl No.: 50