- 1 - HC-KAR NC: 2026:KHC:14328-DB COMAP No. 348 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU COMMERCIAL APPEAL NO. 348 OF 2023 BETWEEN: 1. DIVYAJYOTHI AGED ABOUT 35 YEARS, D/O. RAJU.S, 2. YOGESHKUMAR.R AGED ABOUT 37 YEARS, S/O. RAJU.R, BOTH ARE R/AT T.K.HALLI VILLAGE AND POST, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430. …APPELLANTS (BY SRI. CHANDRASHEKAR.G.M., ADVOCATE) AND: STATE BANK OF INDIA, HALAGURU BRANCH, MALAVALLI TALUK, MANDYA DISTRICT – 571 430. REP. BY ITS BRANCH MANAGER. …RESPONDENT (BY SRI. B.C.GURU., ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:14328-DB COMAP No. 348 of 2023 THE ADVOCATE FOR THE APPELLANT HAS FILED THE ABOVE COMAP / COMMERCIAL APPEAL UNDER SECTION 13(1A) OF COMMERCIAL COURTS ACT, 2015, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO CALL FOR RECORDS. SET ASIDE THE JUDGMENT AND DECREE DATED 04/08/2022 PASSED BY PRINCIPAL DISTRICT AND SESSION JUDGE AT MANDYA, IN COM.O.S.NO.25/2021 WITH ENTIRETY. PASS SUCH OTHER SUITABLE JUDGMENT AND DECREE OR ORDER AS THIS HONBLE COURT DEEMS IT FIT TO GRANT IN THE NATURE AND CIRCUMSTANCES OF THE CASE SO AS TO SECURE THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The learned counsel appearing for the appellants has filed a memo seeking withdrawal of the appeal. 2. It is submitted that the matter has been settled out of Court. The Court fee is liable to be refunded in view of the fact that the appeal has not been heard even for admission. 3. In view of the above, the appeal is dismissed as withdrawn. The amounts, if any, in deposit shall be - 3 - HC-KAR NC: 2026:KHC:14328-DB COMAP No. 348 of 2023 fully refunded to the appellants. The Registry shall refund the Court fee to the appellants on proper identification. Pending Interlocutory Applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YKL List No.: 1 Sl No.: 19