- 1 - HC-KAR NC: 2026:KHC:7067-DB COMAP No. 93 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 93 OF 2023 BETWEEN: 1. SMT. M PRATHIMA REDDY D/O SRI G K REDDY AGED ABOUT 57 YEARS R/A NO.8-2-314/30 ROAD NO.14 BANJARA HILLS HYDERABAD-500334 2. SHRI ROHIT REDDY S/O SHRI MOHAN REDDY AGED ABOUT 80 YEARS MAJOR R/A NO.8-2-310/4-26 ROAD NO.14 BANJARA HILLS HYDERABAD-500334 …APPELLANTS (BY SRI. PRATEEK RATH., ADVOCATE) Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7067-DB COMAP No. 93 of 2023 AND: KARNATAKA STATE FINANCIAL CORPORATION NO.1/1,T HIMMAIAH ROAD BANGALORE-560052 REPRESENTED BY ITS MANAGER-LEGAL …RESPONDENT (BY SRI. MALIPATIL P S., ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13 OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO A. SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2022 (ANNEXURE-A) RENDERED IN COM.MISC.NO.1071/2003 RENDERED BY THE COURT OF LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, COMMERCIAL COURT (CCH-90). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:7067-DB COMAP No. 93 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The Advocate for Appellants, respectfully states that the abovementioned appeal has been erroneously filed as a commercial appeal under the Commercial Courts Act, 2015. It is respectfully submitted that it ought to have been filed as a Miscellaneous First Appeal under the provisions of the State Financial Corporations Act, 1951. The Advocate for Appellants respectfully craves leave of this Hon'ble Court, to withdraw the captioned appeal, with liberty to file it as a Miscellaneous First Appeal, in accordance with law. It is respectfully submitted that the instant memo may kindly be allowed, in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:7067-DB COMAP No. 93 of 2023 2. In view of the memo, appeal is dismissed as withdrawn with liberty as sought for. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 25