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2026 DAILYLAW 13931 (KAR)

THE ARCHDIOCESE OF BANGALORE v. SRI M D BASHA

RSA/1569/2023 · 2026-04-28

Pradeep Singh Yerur

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23855 RSA No. 1569 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. 1569 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 BANGALORE - 560 046. ARCHBISHOP OF BANGALORE HEREIN REPRESENTED BY HIS DULY AUTHORISED AGENT 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: SRI M.D. BASHA S/O. SRI SYED DASTAQIR SAB AGED ABOUT 84 YEARS CARRYING ON BUSINESS AT SHOP NO.07 SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23855 RSA No. 1569 of 2023 M.G. ROAD, CHIKKABALLAPURA - 562 101. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.01.2023 PASSED IN RA NO.163/2019 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.103/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA AND ETC. 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 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 Placing the memo on record, the appeal is dismissed as withdrawn with liberty to file a fresh suit, if so advised.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. - 3 - HC-KAR NC: 2026:KHC:23855 RSA No. 1569 of 2023 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.: 10