- 1 - HC-KAR NC: 2025:KHC:52478-DB COMAP No. 82 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 82 OF 2024 BETWEEN: 1. SRI MATHA AGRO TECH PARTNERSHIP FIRM KANCHAGHATTA VILLAGE, HALKURKE ROAD, (MANJUNATHA NAGARA) TIPTUR TALUK 572201 REPRESENTED BY ITS PARTNERS APPELLANTS NO. 2 AND 3. 2. SMT. B CHANDRIKA W/O H K PUNDAREEKAKSHA, AGED ABOUT 38 YEARS, 3. SRI H K PUNDAREEKAKSHA S/O LATE H L KODANDARAMAIAH AGED ABOUT 47 YEARS, PARTNERS OF MATHA AGRO TECH R/AT HINDISKERE VILLAGE, KASABA HOBLI, TIPTUR TALUK 572201. NOW RESIDING AT NO 40, 5/2, 1ST FLOOR, 2ND CROSS, 11TH MAIN ROAD, NEAR KAMMAGONDANAHALLI, RAMA TEMPLE, RAGHAVENDRA LAYOUT, BANGALORE 560015. …APPELLANTS (BY SRI. MANJULA D., ADVOCATE) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:52478-DB COMAP No. 82 of 2024 AND: 1. SRI. NAVEEN SHANKAR B J S/O JAYADEVAPPA, AGED ABOUT 46 YEARS, R/AT BHYRANAYAKANAHALLI, HONNAVALLI HOBLI, TIPTUR TALUK 572217. 2. THE ASSISTANT GENERAL MANAGER KARNATAKA STATE FINANCIAL CORPORATION, (ESTABLISHED UNDER KARNATAKA STATE FINANCIAL CORPORATION ACT 1951) BRANCH OFFICE: SPECIAL PLOT NO 2, INDUSTRIAL ESTATE, B H ROAD, TUMAKURU 572 103. …RESPONDENTS (BY SMT. VINITHA P C., ADVOCATE FOR R1; SRI. P S MALIPATIL, ADVOCATE FOR R2) THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13 OF COMMERCIAL COURTS ACT, 2015 R/W ORDER LXIII RULE 1 OF CPC, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO CALL FOR RECORDS IN COM.O.S.NO.10039/2023 ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKUR (SITTING AT TIPTUR) AND SET ASIDE THE JUDGMENT AND DECREE DATED 21/12/2023 PASSED THEREIN, DISMISS THE SUIT, AND THIS APPEAL BE ALLOWED WITH COSTS THROUGHOUT AND GRANT SUCH OTHER ORDER OR DECREE AS THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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 - 3 - HC-KAR NC: 2025:KHC:52478-DB COMAP No. 82 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants has filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo reads as under: "It is respectfully submitted before this Hon'ble Court that the petitioner, due to personal reasons is no longer desirous of proceed the matter in COMAP No.82/2024. Accordingly, under instructions from the petitioner, it is prayed that this Hon'ble Court may be pleased to permit the withdrawal of the aforesaid appeal. It is further prayed that, this Hon'ble Court may kindly direct the refund of the court fee amounting to Rs.1,04,167/- (Rupees One Lakh four thousand One Hundred Sixty-Seven only), as deposited by the petitioner at the time of filing the said appeal in the interest of justice and equity." 3. In view of the aforesaid memo, the appeal is dismissed as withdrawn. The Registry is directed to refund the eligible Court fee to the appellants on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 12