- 1 - HC-KAR NC: 2026:KHC:23285 RSA No. 1843 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1843 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. BY ITS SOLE TRUSTEE 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 RAJAKUMAR, ADVOCATE FOR SRI JOSEPH ANILKUMAR A., ADVOCATE) AND: SRI G. SRINIVASA, S/O. LATE SRI GANGAPPA AGED ABOUT 46 YEARS CARRYING ON BUSINESS AT SHOP NO.13, SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23285 RSA No. 1843 of 2023 M.G ROAD CHIKKABALLAPURA - 562 101. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023 PASSED IN RA No.165/2019 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.105/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPURA. 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, which reads as under: "The Appellant in the above case humbly submits that appellant had filed RSA in regard to set aside the Judgment and Decree passed by the I additional Senior Civil Judge and J.M.F.C., at Chikkaballapura in O.S.No.105/2013, Dated 10/10/2019 and Set aside the Judgement in Regular Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 15/02/2023 in R.A.No.165/2019 and to direct the respondent to - 3 - HC-KAR NC: 2026:KHC:23285 RSA No. 1843 of 2023 vacate the schedule property and handover the vacant possession to the appellants. Hence, filing memo to withdraw the above Appeal with a liberty to file fresh suit for Declaration and Possession before the Jurisdiction Court. Same may be taken on record in the interest of justice and equity." 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. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 7