- 1 - HC-KAR NC: 2026:KHC:17788 RSA No. 1667 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1667 OF 2024 (MON) BETWEEN: M/S. MOTHI BAKERIES AND FOODS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF THE INDIAN COMPANIES ACT, 1956 REP. BY ITS EXECUTIVE DIRECTOR SRI R. PARAMESHWARA RAO S/O. LATE MOTHI P.RAM ROA AGED ABOUT 62 YEARS R/AT NO.141/1-2, P.B.ROAD DAVANAGERE - 577 006. …APPELLANT (BY SRI PRASANNA B.R., ADVOCATE) AND: 1. THE DAVANAGERE URBAN CO-OP. BANK LTD. P.B.ROAD, NEAR GANDHI CIRCLE, DAVANAGERE REP. BY ITS GENERAL MANAGER SRI D. V. ARADHYAMATH S/O. VIRUPAKSHA SHASTRY AGED ABOUT 55 YEARS THE DAVANAGERE URBAN CO-OP. BANK LTD. P.B.ROAD, NEAR GANDHI CIRCLE DAVANAGERE - 577 006. 2. THE BRANCH MANAGER THE DAVANAGERE URBAN CO-OP. BANK LTD. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17788 RSA No. 1667 of 2024 N.R.BRANCH, NARASARAJA ROAD DAVANAGERE REP. BY ITS BRANCH MANAGER SRI K. B. SANANDA GANESH S/O. K. BASAVARAJAPPA AGED ABOUT 50 YEARS THE DAVANAGERE URBAN CO-OP. BANK LTD. N. R. ROAD BRANCH NARASARAJA ROAD DAVANAGERE - 577 006. 3. SRI CHETANA @ CHETANACHARYA @ DEEPAK S/O. SUBBAIAH AGED ABOUT 47 YEARS R/AT SRINIVASA HOSA BADAVANE MADIKERI KODAGU DISTRICT- 571 201. 4. SRI JAYAPRAKASH SHEELAVANTH S/O. HANDRASHEKHAR SHEELAVANTH AGED ABOUT 46 YEARS GOLDSMITH R/AT VOKKALIGARAPETE NEAR CHOWDESHWARI TEMPLE DAVANAGERE - 577 001. 5. SRI SURESH ACHAR S/O. ACHYUTACHAR AGED ABOUT 51 YEARS GOLDSMITH R/AT NO. 1926/45 S.S.LAYOUT, 'A' BLOCK DAVANAGERE - 577 004. 6. SRI M. R. DEVARAJ ACHAR S/O. KOGGACHAR ACHAR AGED ABOUT 56 YEARS GOLDSMITH, R/AT NO. 3933/30 - 3 - HC-KAR NC: 2026:KHC:17788 RSA No. 1667 of 2024 20TH CROSS, M.C.C. 'B' BLOCK DAVANAGERE - 577 004. …RESPONDENTS (BY SRI BASAVARAJ T., ADVOCATE FOR R1 AND R2; NOTICE TO R4 AND R6- SERVED AND UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.08.2024 PASSED IN R.A.NO.57/2018 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE BY REVERSING THE JUDGMENT AND DECREE DATED 02.04.2018 PASSED IN O.S.NO.62/2014 BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant has filed a memo seeking dismissal of this appeal as not pressed. The said memo is signed by the appellant as well as the counsel for appellant. Placing the memo on record, the appeal is dismissed as not pressed. - 4 - HC-KAR NC: 2026:KHC:17788 RSA No. 1667 of 2024 In view of dismissal of the appeal, pending interlocutory application, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 24