- 1 - HC-KAR NC: 2026:KHC:18794-DB COMAP No. 283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 283 OF 2025 BETWEEN: SRI. K. KEMPARAJU S/O SRI KEMPAIAH AGED ABOUT 54 YEARS RESIDING AT 2980-A NATARAJA LAYOUT, OPP R.R. PALACE, MAGADI, RAMANAGARA - 562120. …APPELLANT (BY SRI. SANDEEP PATIL, ADVOCATE) AND: M/S. SAPTHAGIRI ASPHALT COMPANY A COMPANY REGISTERED UNDER THE COMPANIES ACT. OFFICE AT NO.20/22, 1ST FLOOR, 11TH MAIN, WILSON GARDEN, BENGALURU - 560027. REPRESENTED BY ITS PROPRIETOR SRI. VENKATESH MURTHY A., S/O SRI. ALURIAH, AGED ABOUT 50 YEARS MOBILE NO 91 9591240122. …RESPONDENT THIS COMAP IS FILED UNDER SEC.13(1) (A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18794-DB COMAP No. 283 of 2025 MEMORANDUM OF COMPROMISE PETITION DATED 30.11.2022 FILED U/O 23 RULE 3 R/W SEC. 151 OF CPC 1908 IN COM.OS. NO. 467/2021 IN THE FILE OF HONBLE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND SET ASIDE THE DECREE IN COM.OS NO. 467/2021 PASSED BY THE HONBLE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND REINSTATE THE COM.OS.NO. 467/2021 AT THE STAGE FOR CROSS EXAMINATION OF THE PLAINTIFF AND PASS SUCH OTHER ORDER WHICH IS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. 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. Learned counsel for the appellant seeks to withdraw the present appeal. 2. Appeal is dismissed as withdrawn. 3. Court Fee be refunded in accordance with law. - 3 - HC-KAR NC: 2026:KHC:18794-DB COMAP No. 283 of 2025 4. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 10