- 1 - HC-KAR NC: 2026:KHC:17242-DB COMAP No. 43 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH 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. 43 OF 2026 BETWEEN: 1. SMT GOWRAMMA W/O LATE PUTTANNA AGED ABOUT 76 YEARS 2. MRS BYAMMA D/O LATE PUTTANNA AGED ABOUT 56 YEARS 3. MR RAJANNA S/O LATE PUTTANNA AGED ABOUT 54 YEARS 4. MR P NAGESHGOWDA S/O LATE PUTTANNA AGED ABOUT 51 YEARS 5. MR P MUNEGOWDA S/O LATE PUTTANNA AGED ABOUT 49 YEARS APPELLANTS No.1 TO 5 ARE RESIDING AT GKVK POST ALLASANDRA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17242-DB COMAP No. 43 of 2026 YELAHANKA BANGALORE-560064 …APPELLANTS (BY SRI. RAVISHANKAR S, ADVOCATE FOR SRI. K MURTHY, ADVOCATE) AND: M/S PYRAMID BUILDERS AND DEVELOPERS REP BY ITS PARTNERS SRI G N HANUMEGOWDA SRI RAJESH B P HAVING ITS OFFICE AT NO. 109/1B 3RD DIVISION NEHRU NAGAR YELAHANKA BENGALURU-560064 …RESPONDENT THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 04.12.2025 IN COM.EX.NO.759/2025 PASSED BY THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGAURU BY ALLOWING THIS APPEAL AND REMAND THE MATTER TO THE TRIAL COURT WITH A NECESSARY DIRECTION TO DEAL WITH MATTER AS PER LAW, IN THE INTEREST OF JUSTICE AND EQUITY. 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 MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2026:KHC:17242-DB COMAP No. 43 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel appearing for the appellants seeks to withdraw the present appeal with liberty to avail alternate remedy available under law. 2. The appeal is dismissed as withdrawn with the aforesaid liberty. 3. This order will not preclude the appellants from availing other remedies, if available, in accordance with law Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 14