- 1 - HC-KAR NC: 2026:KHC:11912-DB COMAP No.159/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.159/2023 BETWEEN: M/S. ZAIRA VENTURES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 WITH ITS OFFICE AT NKS TOWER MAVELIPURAM NEAR BREAD WORLD KAKKANAD 682030 ERNAKULAM DISTRICT KERALA STATE. REP. BY ITS MANAGING DIRECTOR MR. AJAS N.S. S/O SHAMSU N.K. AGED ABOUT 36 YEARS R/AT. NADUVILE VALAMKOTTIL KOLLAM KUDYMUGAL ROAD VIJO BHAVARR, TRIKKAKARA ERNAKULAM DISTRICT KERALA STATE 682021. …APPELLANT (BY SRI. RAJASHEKAR S, ADV.,) AND: 1. MRS. M. RUPA W/O LATE SRINIVASAIAH MEDISETTY AGED ABOUT 60 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11912-DB COMAP No.159/2023 2. MRS. SHIRISHA MEDISETTY D/O LATE SRINIVASAIAH MEDISETTY W/O SHASHIDHAR MEDISETTY AGED ABOUT 40 YEARS. 3. MR. M. SHARAT CHANDRA S/O LATE SRINIVASAIAH MEDISETTY AGED ABOUT 38 YEARS. 4. MRS. SHWETHA D/O LATE SRINIVASAIAH MEDISETTY W/O HARIKRISHNA NATWA AGED ABOUT 36 YEARS. RESPONDENT NOS.1 TO 4 ARE R/AT. KARISHMA CRYSTAL APARTMENTS NO.306, 3RD FLOOR, 3RD MAIN J.N. ROAD, RAJARAJESHWARI NAGARA BENGALURU 560098. 5. M/S. VINAYAKA STONE CRUSHER A PARTNERSHIP FIRM WITH ITS OFFICE AT NO.3 8TH CROSS, BEHIND NANJAPPA COMPLEX RAGHUVANAHALLI, TALAGHATTAPURA POST BENGALURU 560062 REPRESENTED BY ITS PARTNERS. 6. MR. VISHWAS S/O R. NARAYANASWAMY AGED ABOUT 30 YEARS R/AT NO.25, BANASHANKARI NILAYA 8TH CROSS, NEW BANK COLONY KONANAKUNTE, BENGALURU 560062. 7. MR. A.D. MOHAN S/O A.C. DEVAIAH AGED ABOUT 53 YEARS R/AT. NO.2, NEAR GOVT. SCHOOL KOPPA GATE, JIGANI HOBLI ANEKAL TALUK BENGALURU URBAN DISTRTCT 560015. - 3 - HC-KAR NC: 2026:KHC:11912-DB COMAP No.159/2023 8. MR. CHETHAN S/O SOMASHEKHAR AGED ABOUT 37 YEARS R/AT. NO.14, KODIPALYA RAMOHALLI LAKE, KENGERI HOBLI BENGALURU SOUTH TALUK 560060. 9. MR. JAYANTH S/O NARAYANASWAMY AGED ABOUT 26 YEARS R/AT. NO.25, BANASHANKARI NILAYA 8TH CROSS, NEW BANK COLONY KONANAKUNTE, BENGALURU 560062. …RESPONDENTS (BY SRI. NAGARAJA HEGDE, ADV., FOR R1 TO R9) THIS COMMERCIAL APPEAL/COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, PARYING TO CALL FOR THE RECORDS IN COM.O.S.NO.25675/2022 ON THE FILE OF LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85), BENGALURU. SET ASIDE ORDER DATED 01.04.2023 PASSED IN I.A.NO.4 FILED BY APPELLANT/PLAINTIFFS UNDER ORDER VI RULE 17 OF CPC, IN COM O.S.NO.25675/2022 ON THE FILE OF HON'BLE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85), BENGALURU & ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2026:KHC:11912-DB COMAP No.159/2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. The memo is placed on record. 2. Learned counsel for the appellant submits that he would avail the remedy by filing a writ petition or revision petition and till filing of the same, the interim order granted by this Court may be continued. 3. His submission is placed on record. 4. In view of the above, the appeal is dismissed as withdrawn. 5. Interim order granted by this Court shall enure to the benefit of the appellant for a period of two weeks from today. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 3 Sl No.: 2