- 1 - HC-KAR NC: 2025:KHC:33762 RSA No. 975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 975 OF 2025 (POS-) BETWEEN: 1. SRI. GANESH AGED ABOUT 62 YEARS S/O LATE GOPALAKRISHNA KAMATH, GUNDALA HOUSE, MANNEBETTU VILLAGE, POST KINNIGOLI - 574 150, MANGALORE TALUK, D.K. DISTRICT. …APPELLANT (BY SRI. K. CHANDRANATH ARIGA., ADVOCATE) AND: 1. IMMACULATE CONCEPTION CHURCH (ALSO KNOWN AS COSSESSAM CHURCH) SITUATED AT KINNIGOLI, REPT. BY ITS PRIEST 1. PARISH PRIEST VERY REV. FR. ALOYSIUS ROSARIO, NOW REV. FR. STANY TAURO AND NOW REV. FR. JOHN SALDANHA, AGED ABOUT 81 YEARS NOW BY VINCENT MONTERO, S/O. RAYMOND MONTERO, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33762 RSA No. 975 of 2025 PARISH PRIEST OF IMMACULATE CONCEPTION CHURCH, KINNIGOLI. 2. ADMINISTRATOR JOHN D'SOUZA, S/O. LATE MARCEL D'SOUZA, NOW JOSEPH QUADRAS, NOW JEMOME MORAS NOW BY MR. VINCENT VINODHU D'SOUZA, ADMINISTRATOR OF IMMACULATE CONCEPTION CHURCH, KINNIGOLI, BOTH ARE RESIDING IN THALIPADY VILLAGE, POST KINNIGOLI, MANGALORE TALUK. 3. VASUMTHI, AGED ABOUT 66 YEARS 4. SMT. PARVATHI, AGED ABOUT 64 YEARS 5. SMT. SUDHA, AGED ABOUT 60 YEARS 6. SRI. PRAKASH, AGED ABOUT 53 YEARS 3 to 6 ARE CHILDREN OF LATE GOPALAKRISHNA KAMATH RESIDING AT GUNDALA HOUSE, MANNEBETTU VILLAGE, POST KINNIGOLI, MANGALORE TALUK, D.K. DISTRICT - 3 - HC-KAR NC: 2025:KHC:33762 RSA No. 975 of 2025 7. PARISH PRIEST FR. ALFRED G. PINTO ADULT, S/O. LOUIS PINTO IMMACULATE CONCEPTION CHURCH, KINNIGOLI-574 150, D.K. 8. ADMINISTRATOR MR. LIONEL PINTO S/O. LATE CHARLES PINTO, PINTO LAYOUT, OPP SYNDICATE BANK, KINNIGOLI-574 150. 9. SMT. PRATHIMA KAMATH AGED ABOUT 54 YEARS, W/O. LATE SURESH KAMATH RESIDING AT A-806, MANDAVI EMERALD, SHIVALLI, VILLAGE MANIPAL, UDUPI TALUK. 10. SRI. SACHIN KAMATH AGED ABOUT 29 YEARS, S/O. LATE SURESH KAMATH RESIDING AT A-806, MANDAVI EMERALD, SHIVALLI, VILLAGE MANIPAL, UDUPI TALUK. 11. SRI. SAURAV KAMATH AGED ABOUT 26 YEARS, S/O. LATE SURESH KAMATH - 4 - HC-KAR NC: 2025:KHC:33762 RSA No. 975 of 2025 RESIDING AT A-806, MANDAVI EMERALD, SHIVALLI, VILLAGE MANIPAL, UDUPI TALUK …RESPONDENTS (BY SRI. CYRIL PRASAD PAIS ADVOCATE FOR C/R1,) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 15.03.2025 PASSED IN R.A. NO.53/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI.D.K., PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.02.2004 PASSED IN OS NO.230/1990 ON THE FILE OF III ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC, KARKALA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants has filed a memo which reads as under : "The appellant has challenged the judgment and decree dated 15.03.2025 passed by the Senior Civil Judge and JMFC., Moodabidri in R.A.No.53/2023 in dismissing the appeal and confirming the judgment and decree dated - 5 - HC-KAR NC: 2025:KHC:33762 RSA No. 975 of 2025 23.02.2024 to the extent of the decree in O.S.No.230/1990 passed by the III Addl. Civil Judge (Jr.Dn.) & JMFC., Karkala. The judgment and decree passed in R.A.No.53/2023 was challenged by the legal representatives of the deceased defendant No.5 in RSA No.973/2025. Since the said appeal is dismissed on merits against the common judgment in R.A.No.53/2023 and R.A.No.52/2023, the above appeal does not survive for consideration. Therefore, the above appeal may be dismissed as withdrawn". Placing the memo on record, appeal is dismissed with. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 65 CT: BHK