- 1 - HC-KAR NC: 2026:KHC:17649-DB RFA No. 2088 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.2088 OF 2023 (DEC/POS) BETWEEN: 1. SRI AUROBINDA NANDA AGED ABOUT 54 YEARS S/O SRI B P NANDA 2. SMT. DHARITRI NANDA AGED ABOUT 48 YEARS W/O ARUOBINDA NANDA BOTH ARE RESIDING FLAT NO.177, 'RAINBOW RESIDENCY', JUNNASANDRA VILLAGE, CARMELARAM POST, SARJAPURA ROAD BANGALORE - 560 035 …APPELLANTS (BY SRI. SUDHAKAR G. V., ADVOCATE) AND: 1. SRI GANESH AGED ABOUT 62 YEARS S/O SRI SRIRAMAPPA RESIDING AT NO.19, 'MANJUNATHA NILAYA', Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17649-DB RFA No. 2088 of 2023 16TH CROSS, KAGGADASAPURA POST, C.V. RAMAN NAGAR, BANGALORE - 560 093. 2. SRI RUDRASWAMY AGED ABOUT 60 YEARS S/O LATE HUCEERAIAH, RESIDING AT KANCHUGAL, BANDEMUTT POST, MAGADI TALUK - 562120. 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.26313/2012 ON THE FILE OF LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU., (CCH-74)., DISMISSING THE SUIT FOR DECLARATION, POSSESSION AND 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:17649-DB RFA No. 2088 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 a Cancellation Deed and Confirmation Deed dated 27.10.2025. 2. In the above view of the matter, the appeal is dismissed as not pressed. 3. The Registry is directed to refund the eligible Court fee to appellant No.1 on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RAK,List No.: 3 Sl No.: 0