- 1 - HC-KAR NC: 2026:KHC:15824-DB COMAP No. 526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 526 OF 2025 BETWEEN: GARDEN CITY SERVICE STATION A REGISTERED PARTNERSHIP CONCERN. HAVING ITS REGISTERED OFFICE AT RM NAGAR MAIN ROAD, NEXT TO D-MART, RAMMURTHY NAGAR, BANASWADI VILLAGE, BENGALURU-560016, REPRESENTED BY IT'S PARTNER MR. SIDDIQ PASHA …APPELLANT (BY SRI. SUNIL S RAO, ADVOCATE FOR SRI. T SESHAGIRI RAO, ADVOCATE) AND: 1. SRI T R SAINATH S/O T S RAJAGOPAL, AGED ABOUT 73 YEARS. 2. SMT. T. SUNITHA SAINATH W/O T R SAINATH AGED ABOUT 66 YEARS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15824-DB COMAP No. 526 of 2025 BOTH ARE RESIDING AT NO. 13, 4TH CROSS, 5TH MAIN, CHAMRAJPET, BENGALURU 560018. 3. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, OFFICE AT NO. 28, 1ST FLOOR, BENGALURU DIVISIONAL OFFICE, MISSION ROAD, BENGALURU - 560027. …RESPONDENTS (BY SRI. VINAY SWAMY C, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DT.10.09.2025 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-83), IN COM.O.S.NO.1503/2024 AND FURTHER PASS APPROPRIATE DIRECTIONS TO DETERMINE/HOLD A FRESH TRIAL IN ACCORDANCE WITH THE MANDATE ORDER XXXVI CP TO FIX THE MARKET RENTS. 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 - 3 - HC-KAR NC: 2026:KHC:15824-DB COMAP No. 526 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. IA.No.1/2026 is filed for recalling the order dated 13.11.2025. Vide the said order this appeal was peremptorily dismissed. 2. For the reasons stated in the affidavit accompanying the application, the order dated 13.11.2025 is recalled and the appeal is taken on board. The application is, accordingly, allowed. 3. The learned counsel for the appellant seeks to withdraw the present appeal. 4. The appeal is dismissed as withdrawn. 5. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/List No.: 2 Sl No.: 0