- 1 - HC-KAR NC: 2026:KHC:10263 RSA No. 1015 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1015 OF 2023 (POS) BETWEEN: 1. MR. ALWYN P. LEWIS AGED ABOUT 52 YEARS, S/O ELSIE LEWIS, R/O CHURCH COMPOUND, POONAM COTTAGE, K M MARG UDUPI, UDUPI DISTRICT. …APPELLANT (BY SRI. B V KRISHNA., ADVOCATE) AND: 1. CHURCH OF MOTHER OF SORROWS UDUPI, REP BY ITS, PARISH PRIEST, PRESENTLY REV. FR.FREDERICK MASCARENHAS, ADULT,S/O THOMAS MASCARENHAS, R/O CURCH COMPOUND, K M MARG, UDUPI. 2. LAY VICE PRESIDENT, PRESENTLY MR.BONIFACE D'SOUZA, AGED ABOUT 65 YEARS, S/O THOMSA D'SOUZA, R/O 'BRENDA' BEEDU MARG, UDUPI. …RESPONDENTS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10263 RSA No. 1015 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.03.2022 IN R.A.NO.41/2020 BY THE ADDITIONAL SENIOR CIVIL JUDGE AT UDUPI AND THE JUDGMENT AND DECREE DATED 06.03.2016 PASSED IN O.S.NO.727/2016 BY THE ADDITIONAL SENIOR CIVIL JUDGE AT UDUPI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed a Memo stating that appellant does not wish to prosecute Appeal any further. 2. Taking Memo on record, Appeal is dismissed as withdrawn. 3. In view of dismissal of Appeal as withdrawn, cost imposed earlier is waived. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 4 CT:RCK