- 1 - HC-KAR NC: 2026:KHC:32023-DB COMAP No. 317 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 317 OF 2026 BETWEEN: 1. C.M.NAGARAJA MURTHY S/O MADAIAH AGED 61 YEARS PRESENTLY RESIDING AT No.54 5TH CROSS, I MAIN BIKASPURA(BDA ISRO LAYOUT) BANASHANKARI 5TH STAGE BENGALURU - 560 061 …APPELLANT (BY SRI. ALDEN D' SOUZA.,ADVOCATE) AND: 1. V.S.RAJU S/O SRI. SIDDAIAH AGED 47 YEARS PROP: R.K CONSTRUCTION HAVING OFFICE AT NO. 28, 29 AND 30, GROUND FLOOR, 7TH CROSS GYANAJYOTHI NAGARA ULLALA MAIN ROAD BENGALURU - 560110 …RESPONDENT Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32023-DB COMAP No. 317 of 2026 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1- A) OF COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 02.05.2026 IN I.A.NO.1 IN COMMERCIAL O.S.NO.230/2025 (ANNEXURE A), PENDING BEFORE THE HONBLE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT), BENGALURU RURAL DISTRICT AT BENGALURU and etc. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel appearing for the appellant seeks to withdraw the present appeal with the liberty to file afresh, including raising a challenge to the impugned order as modified by the order dated 10.06.2026. 2. The present appeal is dismissed as withdrawn with the aforesaid observation. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 21