IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.345 OF 2024 BETWEEN:

1. K M SUNDAR RAJ SHETTY AGED ABOUT 80 YEARS S/O LATE KASHIMURTHY SHETTY

2. NAGRAJ SHETTY AGED ABOUT 73 YEARS S/O LATE KASHIMURTHY SHETTY

3. K V JAGDISH AGED ABOUT 65 YEARS S/O K M VENKATACHALA SHETTY Digitally signed by CHANNEGOWDA PREMA 4. K S NAGALAKSHMI Location: High AGED ABOUT 73 YEARS Court of Karnataka W/O K M PRABHAKAR SHETTY

5. K S RUKHMANI W/O K S SATHYANARAYAN SHETTY

6. K V MAMATHA W/O K S VENKATESH BABU ALL ARE RESIDENTS OF 2^ND CROSS VP EXTENSION, 5^TH BLOCK, CHITRADURGA 577 501.

…APPELLANTS (BY SRI. VINAYA KEERTHY M., ADVOCATE)

AND:

1. H N SRIDHAR AGED ABOUT 60 YEARS S/O LATE H A NARASIMHAN NO.523 NEAR 15A BUS STOP

12^TH MAIN, PADMANABHANAGAR BIDARAHALLI, BENGALURU-49.

2. D S PRAKASH AGED MAJOR, S/O LATE SUBHAIAH SHETTY NO.151/1, 2^ND MAIN, NR COLONY BENGALURU 560 004.

…RESPONDENTS (BY SRI. A. GOPI PRAKASH, ADVOCATE FOR C/R1)

THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT 1996 AND ORDER XLIII RULE 1(R) AND SECTION 104 OF THE CPC, 1908, PRAYING TO CALL FOR THE RECORDS IN COM.OS 1/2024 AND SET ASIDE THE IMPUGNED ORDER DATED 06.08.2024 PASSED BY THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA ON IA-2, AND DISMISS THE COM OS 1/2024 FILED BY THE FIRST RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY AND 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

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal.

2. The memo for withdrawal is placed on record.

3. In view of the memo, appeal is dismissed as withdrawn.

Sd/-

(ANU SIVARAMAN)

Sd/-

(VIJAYKUMAR A. PATIL)

RAK, List No.: 1 Sl No.: 12