- 1 - HC-KAR NC: 2026:KHC:24423 RSA No. 1540 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.1540 OF 2023 (RES) BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE NO.75 MILLERS ROAD, BENSON TOWN BENGALURU-560 046 BY ITS SOLE TRUSTEE RT.REV.DR.PETER MACHADO ARCHBISHOP OF BANGALORE HEREIN REP. BY HIS DULY AUTHORIZED AGENT MS.MARIA SHANTI AGED ABOUT 48 YEARS D/O.MONY AROCKIASWAMY AT NO.211, 8TH CROSS PILLANNA GARDEN ST.THOMAS TOWN POST BENGALURU-560 084 …APPELLANT (BY MS.SONA RAJKUMAR FOR SRI JOSEPH ANIL KUMAR A., ADVOCATES) AND: 1. 1(a) S.MOHAN JAYA KUMAR DECEASED BY HIS LRS. SMT.MADHURAVANI, AGED ABOUT 72 YEARS W/O.LATE S. MOHAN JAYA KUMAR Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24423 RSA No. 1540 of 2023 1(b) SMT.SHEETAL SUPRIYA AGED ABOUT 52 YEARS D/O.LATE S.MOHAN JAYA KUMAR 1(c) SRI PRAVEEN AGED ABOUT 46 YEARS S/O.LATE S.MOHAN JAYA KUMAR 1 (d) SMT.PRIYADARSHINI AGED ABOUT 44 YEARS D/O.LATE S.MOHAN JAYA KUMAR ALL ARE CARRYING ON BUSINESS AT SHOP NO.20 SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH M.G.ROAD CHIKKABALLAPURA-562 101 …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 23.01.2023 PASSED IN RA.NO.153/2019 BY III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA AND THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED IN OS.NO.88/2013 BY I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant files a memo seeking withdrawal of the appeal. - 3 - HC-KAR NC: 2026:KHC:24423 RSA No. 1540 of 2023 Placing the said memo on record, this appeal is dismissed as withdrawn. Liberty is reserved subject to law of limitation. In view of dismissal of the appeal, IA.No.1/2024 filed for condonation of delay does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 3 Sl No.: 2