- 1 - HC-KAR NC: 2026:KHC:23856 RSA No. 1849 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1849 OF 2023 (RES) BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOP, HOUSE NO.5 MILLERS ROAD, BENSON TOWN BANGALORE - 560 046 BY ITS SOLE TURSTEE RT. REV DR PETER MACHADO ARCHBISHOP OF BANGALORE HEREIN REPRESENTED BY HIS DULY AUTHORISED SPA HOLDER MS. MARIA SHANTI AGED ABOUT 48 YEARS D/O MONY AROCKIASWAMY AT NO. 211, 8TH CROSS PILLANNA GARDEN ST. THOMAS TOWN POST BANGALORE - 560 084. …APPELLANT (BY MS. SONA RAJKUMAR, ADVOCATE FOR SRI JOSEPH ANILKUMAR A., ADVOCATE) AND: K.N. SRIRAMAIAH S/O. K. CHIKKANARANAPPA AGED ABOUT 64 YEARS SINCE DECEASED BY LRS. 1. ASHWATHAMMA W/O. LATE K.N. SRIRAMAIAH AGED MAJOR. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23856 RSA No. 1849 of 2023 2. MANJUNATH S/O. LATE K.N SRIRAMIAH AGED MAJOR. 3. VENKATESH S/O. LATE K.N SRIRAMIAH AGED MAJOR. 4. SHASHIKALA D/O. LATE K.N SRIRAMIAH AGED MAJOR. 5. SUNITHA D/O. LATE K.N. SRIRAMIAH AGED MAJOR CARRYING ON BUSINESS AT SHOP NO.29 AND 30 SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH M.G ROAD, CHIKKABALLAPURA - 562 101. …RESPONDENTS (BY SRI. V. SHIVAKUMAR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023 PASSED IN RA No.155/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED IN OS NO.90/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA AND ETC. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:23856 RSA No. 1849 of 2023 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant files a memo seeking withdrawal of this appeal. Placing the memo on record, the appeal is dismissed as withdrawn with liberty to file a fresh suit, if so advised. However, the same shall be subject to the law of limitation. In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 22