Sri M Narayana @ Nishanth v. M/S M G Developers

Karnataka HC28 Oct 2025COMAP/501/2024

Case brief

AI extract

What is this about?

COMAP No. 501 of 2024; NC: 2025:KHC:42864-DB; High Court of Karnataka at Bengaluru; commercial appeal withdrawal; S.37 Arbitration and Conciliation Act 1996 r/w S.13(1A) Commercial Courts Act 2015; challenge to order dated 30.09.2024 in Commercial A.A. No.222/2024 of LXXXIV Additional City Civil and Sessions Judge (Commercial Court), Bengaluru; memo of withdrawal citing out-of-court settlement; appeal dismissed as withdrawn/not pressed; appellant M Narayana @ Nishanth; respondents M/s M G Developers, Abhishekgowda C.M., Rukkamma, Byre Gowda @ Byravgowda and family; bench Anu Sivaraman and Vijaykumar A. Patil; decision date 28-10-2025.

What did the court decide?

Leave to withdraw the appeal granted on the basis of the memo recording settlement between the parties out of court; appeal dismissed as not pressed. ¶¶40-41

Sri M Narayana @ Nishanth Vs M/S M G Developers — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:42864-DB COMAP No. 501 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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COMMERCIAL APPEAL NO. 501 OF 2024

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BETWEEN:

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SRI M NARAYANA @ NISHANTH S/O. LATE N. MUNISWAMAIAH, AGED ABOUT 44 YEARS, R/AT NO. 2/17, SUMUKA, 1ST CROSS, POOJARI LAYOUT, RMV EXTENSION, 2ND STAGE, BANGALORE - 560 094.

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…APPELLANT

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(BY SRI. SHREERAM TIMMAPPA NAYAK., ADVOCATE)

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AND:

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Digitally signed by RUPA V Location: High Court Of Karnataka

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M/S M G DEVELOPERS REPRESENTED BY ITS PROMOTER, ABHISHEKGOWDA C.M., O/A. CHOLAPPANAHALLI VILLAGE, KASABAHOBLI, HOSKOTE TALUK, HOSKOTE 562 122.

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SRI. ABHISHEKGOWDA C.M., PROMOTER OF M/S. M.G. DEVELOPERS, S/O. LATE MUNISWAMYGOWDA, AGED ABOUT 26 YEARS, R/A. CHOLAPPANAHALLI VILLAGE, KASABAHOBLI, HOSKOTE TALUK, HOSKOTE 562 122.

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SMT. RUKKAMMA, W/O. LATE. N. MUNISWAMAIAH, AGED ABOUT 76 YEARS

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2 - NC: 2025:KHC:42864-DB COMAP No. 501 of 2024

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HC-KAR

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SRI. BYRE GOWDA @ BYRAVGOWDA, SON OF LATE. N. MUNISWAMAIAH, AGED ABOUT 48 YEARS

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SMT. SNEHALATHA R., WIFE OF BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 42 YEARS

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PAVANSANDESH B., SON OF BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 19 YEARS,

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LAKSHMI PURVIKA B., D/O. BYRE GOWDA @ BYRAVGOWDA, AGED ABOUT 16 YEARS, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, BYRE GOWDA @ BYRAVGOWDA.

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RESPONDENT NOS. 3 TO 7 ARE RESIDING AT NO. 3, NARAYANAPPA COMPOUND, RMV EXTENSION, 2ND STAGE, GEDDALAHALLI, BANGALORE - 560 094.

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…RESPONDENTS

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THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SEC.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SEC.13(1A) OF COMMERCIAL COURTS ACT, 2015., PRAYING THAT TO SET ASIDE THE ORDER DATED 30.09.2024 PASSED IN COMMERCIAL A.A. NO.222/2024 BY LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-85), (COMMERCIAL COURT) BENGALURU AND ETC.,

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:42864-DB COMAP No. 501 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Learned counsel for the appellant has filed a memo

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seeking leave of the Court to withdraw the appeal. The

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memo reads as under:

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"The Petitioner herein submits that the above matter has been settled between the parties out of court and as such the petitioner seeks to withdraw the above appeal as not pressed. Hence this Memo for withdrawal. Therefore, the same maybe taken on record in the interest of justice and equity."

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