- 1 - HC-KAR NC: 2026:KHC:13784 RFA No. 1137 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO.1137 OF 2009 (MON) BETWEEN: 1. K. SOMASHEKAR S/O K. RANGAPPA AGED ABOUT 54 YEARS, OCC: PROP OF M/S. RANGAPPA PNEUMATIC ROCKDRILLING SPECIALISTS, R/O. NO.105, 2ND MAIN, 2ND CROSS, 5TH STAGE, B.E.M.L. LAYOUT, (UNIVERSITY LAYOUT) RAJARAJESWARINAGAR, BANGALORE - 560 098. 2. M/S. RANGAPPA PNEUMATIC ROCKDRILLING SPECIALISTS, R/O. NO.105, 2ND MAIN, 2ND CROSS, 5TH STAGE, B.E.M.L. LAYOUT, (UNIVERSITY LAYOUT) RAJARAJESWARINAGAR, BANGALORE-560 098 REP. BY ITS PROP.SOMASHEKHAR. …APPELLANTS (BY SRI. SAMMITH S., ADVOCATE OF 'SANCTUM LAW') Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13784 RFA No. 1137 of 2009 AND: 1. M/S. INGERSOLL RAND (INDIA) LTD. PHASE NO.1, PEENYA INDUSTRIAL AREA BANGALORER-560 058 REP. BY ITS PLANTS CONTROLLER. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO DISMISS THE SUIT OF THE RESPONDENT BY SETTING ASIDE THE JUDGMENT AND DECREE OF THE COURT BELOW PASSED IN O.S.NO.1639/1996 ON 01.08.2009 ON THE FILE LEARNED 2ND ADDITIONAL CITY CIVIL JUDGE AND ADDITIONAL SESSIONS JUDGE, BANGALORE (CCH-17) WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS APPEAL, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:13784 RFA No. 1137 of 2009 ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo dated 28.01.2026 with a prayer to dismiss the appeal as withdrawn. 2. Memo is taken on record. 3. The appeal is dismissed as withdrawn. 4. Registry is directed to refund the Court fee, if the appellants are so entitled after due verification. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 1