- 1 - HC-KAR NC: 2026:KHC:17650-DB RFA No. 2089 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2089 OF 2023 (DEC/INJ) BETWEEN: SRI PRADEEP SAMANTARAY AGED ABOUT 52 YEARS S/O MAHABIR SAMANTARAY RESIDING AT RANIHAD P.O, BUXI BAZAR P.S, MANGALABAG TOWN/DIST CUTTACK. PRESENTLY AT NO. 4260, ALBANY DR, APT.I -108, SAN JOSE, CA-95129, USA REPRESENTED BY HIS GPA HOLDER SRI PRAKASH SAMANATARAY …APPELLANT (BY SRI. SUDHAKAR G. V., ADVOCATE) AND: 1. SRI GANESH AGED ABOUT 62 YEARS S/O SRI SRIRAMAPPA RESIDING AT NO.19, 'MANJUNATHA NILAYA' 16TH CROSS, KAGGADASAPURA POST, C.V. RAMAN NAGAR, BANGALORE - 560 093 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17650-DB RFA No. 2089 of 2023 2. SRI RUDRASWAMY AGED ABOUT 60 YEARS S/O LATE HUCHEERAIAH, RESIDING AT KANCHUGAL, BANDEMUTT POST, MAGADI TALUK - 562 120 3. M/S. ADARSH DEVELOPERS NO.10, VITTAL MALLYA ROAD, BANGALORE - 560 001 REPRESENTED BY ITS DIRECTOR/PARTNER …RESPONDENTS (BY SMT. CHANDRAKALA G., ADV. FOR R1; SRI. K.S. VENKATARAMANA, ADV. FOR C/R2; SRI. G. CHANDRAHASA, ADV. FOR R3) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.07.2023 PASSED IN OS NO.26389/2013 ON THE FILE OF LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-74), DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:17650-DB RFA No. 2089 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo is filed seeking dismissal of the appeal as not pressed stating that the matter has been settled out of Court by executing the Cancellation Deed and Confirmation Deed dated 30.10.2025. 2. In the above view of the matter, the appeal is dismissed as not pressed. 3. The Registry is directed to refund eligible Court fee to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RAK List No.: 3 Sl No.: 17