- 1 - HC-KAR CNR: KAHC010150252024 NC: 2026:KHC:45637 MFA No. 1872 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1872 OF 2024 (AA) BETWEEN: SRI KHIMRAJ BALAR S/O. LATE MITHALAL BALAR AGED ABOUT 46 YEARS NO.203, AVENUE ROAD BANGALORE - 560 002. …APPELLANT (BY SRI RAMDAS D., ADVOCATE) AND: 1. M/S. NESTER PROJECTS SY. NO. 152 AND 153 MAHADEVAPURA OUTER RING ROAD BANGALORE - 560 048. 2. MR. SREEKANTH REDDY AGED 45 YEARS, PARTNER M/S. NESTER PROJECTS SY.NO.152 AND 153 MAHADEVAPURA OUTER RING ROAD BANGALORE - 560 048. 3. SMT. GIRIJA AGE 55 YEARS, PARTNER M/S. NESTER PROJECTS SY. NO. 152 AND 153 MAHADEVAPURA OUTER RING ROAD BANGALORE - 560 048. 4. MR. HIMANSHU M SHA S/O. SRI MAHENDRA SHA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010150252024 NC: 2026:KHC:45637 MFA No. 1872 of 2024 AGED ABOUT 40 YEARS (FLAT NO. 301, 302) NO.77, SERPENTINE ROAD PARK WEST, BANGALORE - 560 020. 5. MR. GIRISH KOTHARI S/O. SRI SAMPATHRAJ AGED ABOUT 45 YEARS NO.26, KALPAVRIKSH APARTMENTS 12, RACE COURSE ROAD MADHAVANAGAR, BANGALORE - 560 001. 6. MR. PRIYES KOTHARI S/O. SRI SAMPATHRAJ AGED ABOUT 40 YEARS NO.26, KALPAVRIKSH APARTMENTS 12, RACE COURSE ROAD MADHAVANAGAR, BANGALORE - 560 001. 7. MR. NARESH JAIN S/O. SRI AMRITH LAL JAIN AGED ABOUT 45 YEARS ETA GARDEN, C BLOCK 3RD FLOOR, NO.9 MAGADI ROAD, NEAR BINNY MILLS BANGALORE - 560 023. 8. MR. DINESH BALAR S/O. LATE MITHALAL BALAR AGED ABOUT 46 YEARS NO.203, AVENUE ROAD BANGALORE - 560 002. 9. MR. G. MADHUKAR S/O. GOVINDARAJU AGED ABOUT 47 YEARS R/A. 7TH FLOOR, C BLOCK AISHWARYA LAKE VIEW 6TH CROSS, KAGADASANAPURA C.V.RAMAN NAGAR - 3 - HC-KAR CNR: KAHC010150252024 NC: 2026:KHC:45637 MFA No. 1872 of 2024 BANGALORE - 560 093. 10. SMT. CHITRA RAJAN W/O. G. MADHUKAR AGED ABOUT 48 YEARS R/A. 7TH FLOOR, C BLOCK AISHWARYA LAKE VIEW 6TH CROSS, KAGADASANAPURA C.V. RAMAN NAGAR BANGALORE - 560 093. … RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE COST OF RS.20,000/- IMPOSED BY XVI ADDITIONAL CITY CIVIL JUDGE, BENGALURU, IN ITS ORDER DATED 11.09.2023 AT ANNEXURE-A. 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 withdrawal of this appeal. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 6