- 1 - HC-KAR NC: 2026:KHC:5796 MFA No. 1389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 1389 OF 2025 (CPC) BETWEEN: EMBASSY DEVELOPMENTS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT OFFICE NO.01-1001, WEWORK, BLUE ONE SQUARE, UDYOG VIHAR PHASE 4 RD, GURUGRAM, GURGAON, HARYANA, 122016 (EARLIER EMBASSY PROPERTY DEVELOPMENTS PVT. LTD.) REPRESENTED HEREIN BY ITS AUTHORIZED REPRESENTATIVE MR. ROHITH KUMAR V. …APPELLANT (BY SRI. ARVIND KRISHNA, ADVOCATE FOR SMT. MANEESHA KONGOVI, ADVOCATE) AND: 1. MR. K.RAMANATH SON OF K.R.KRISHNASWAMY IYER, RESIDING AT NO.232, 14TH CROSS, 5TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU 560040. 2. MS. GIRIJA VISWANATH IYER, WIFE OF C.U. VISWANATHA IYER, AGED ABOUT 73 YEARS, RESIDING AT NO.6, P.F. LAYOUT, 5TH CROSS, MARON HOBLI, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5796 MFA No. 1389 of 2025 VIJAYANAGAR, BENGALURU-560040. 3. MS. SHILPA RAMANATH, DAUGHTER OF K. RAMANATH, AGED ABOUT 38 YEARS, RESIDING AT NO.232, 14TH CROSS, 5TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENAGLURU-560040. 4. MS. SNEHA DAUGHTER OF K.RAMANATH, AGED ABOUT 34 YEARS, RESIDING AT NO.232, 14TH CROSS, 5TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560040. 5. K. SOMNATH, SON OF MR. K.R. KRISHNASWAMY IYER, AGED ABOUT 61 YEARS, RESIDING AT 231, 14TH CROSS, M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560 040. 6. SAMMY'S DREAMLAND COMPANY PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE NO. 9, 2ND FLOOR, BELAIR DRIVE, MEKHRI CIRCLE, BELLARY ROAD, BENGALURU-560 032. ALSO AT NO.4, III FLOOR, A.G.S. PLAZA, R.T. NAGAR, BENGALURU-560032. 7. MR. JITENDRA VIRWANI, DIRECTOR OF THE APPELLANT, EMBASSY BOULEVARD, BENGALURU-HYDERABAD HIGHWAY, - 3 - HC-KAR NC: 2026:KHC:5796 MFA No. 1389 of 2025 HUNSAMARANAHALLI, NEAR AIR FORCE STATION, YELAHANKA, BENGALURU NORTH-562157. …RESPONDENTS (BY SRI. KAMALESHWARA POOJARY, ADVOCATE FOR R1 TO R4; R5 AND R6 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 10.03.2025, NOTICE TO R7 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(w) READ WITH ORDER 47 RULE 7(1) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Arvind Krishna., counsel on behalf of Smt.Maneesha Kongovi., for the appellant and Sri.Kamaleshwara Poojary., counsel for respondents 1 to 4 have appeared in person. Counsel for the appellant and respondents 1 to 4 jointly submits that the matter is resolved. Counsel for the appellant further submits that a memo has been filed seeking withdrawal of the appeal as settled out of the Court. Counsel, therefore, submits that the memo may - 4 - HC-KAR NC: 2026:KHC:5796 MFA No. 1389 of 2025 be placed on record and the appeal may be disposed of as settled out of the Court. When queried, counsel submits that a conscious decision is taken about the same. The oral submission and the memo is placed on record. The appeal is disposed of as settled out of the Court. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 55