- 1 - HC-KAR NC: 2025:KHC:41736 RFA No. 1752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1752 OF 2025 (INJ) BETWEEN: VARGHESE M JAYAN S/O LATE MATHAI AGED ABOUT 66 YEARS R/A NO.15, 2ND CROSS M R GARDEN, V NAGARAHALLI R T NAGAR POST BENGALURU - 560 032 …APPELLANT (BY SRI. NARENDRA PATGAR, ADVOCATE) AND: 1. MAR GREGARIOUS ORTHODOX CHURCH 5TH MAIN, PAMPA EXTENSION KEMPAPURA, HEBBAL, BENGALURU – 560 024 2. THE PRESIDENT AND VICAR MAR GREGORIOUS ORTHODOX CHURCH 5TH MAIN, PAMPA EXTENSION KEMPAPURA, HEBBAL, BENGALURU – 560 024 3. THE TREASURER MAR GREGORIOUS ORTHODOX CHURCH 5TH MAIN, PAMPA EXTENSION KEMPAPURA, HEBBAL, BENGALURU – 560 024 4. THE SECRETARY MAR GREGORIOUS ORTHODOX CHURCH 5TH MAIN, PAMPA EXTENSION KEMPAPURA, HEBBAL BENGALURU – 560 024 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41736 RFA No. 1752 of 2025 5. H G DR ABRAHAM MAR SERAPHIM DIOCESAN METROPOLITAN BISHOP'S HOUSE NO.1, MALANKARA VEEDHI DODDA GUBBI POST BENGALURU - 560 077 6. MORAN MAR BASELIOS MARHTOMA PAULOSE II MALANKARA ORTHODOX CHURCH CATHOLIOCATE PALACE DEVALOKAM POST MUTTAMBALAM KOTTAYAM KERALA - 686 004 7. AALAYA REP BY BINU ISSAC CIVIL ENGINEERING SERVICES STAR JUNCTION, 2ND FLOOR ADMAS TOWER KOTTAYAM KERALA - 686 001 …RESPONDENTS (BY SRI.JOSEPH ANIL KUMAR A., ADVOCATE FOR C/R-3 AND C/R-4) --- THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.04.2025 PASSED IN OS NO. 8112/2018 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 18), DISMISSING THE SUIT FOR INJUNCTION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:41736 RFA No. 1752 of 2025 ORAL JUDGMENT Learned counsel for the appellant files a memo dated 16.10.2025 seeking to withdraw the appeal as not pressed. 2. Memo is placed on record. 3. In view of the said memo, appeal is dismissed as withdrawn. In view of dismissal of the appeal, I.A.No.1/2025 for stay does not survive for consideration and it is also dismissed. SD/- (S.R.KRISHNA KUMAR) JUDGE BSS List No.: 1 Sl No.: 21