- 1 - HC-KAR NC: 2026:KHC:24231 RSA No. 1847 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1847 OF 2023 (RES) BETWEEN: THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAIVNG ITS REGISTERED OFFICE AT ARCHIBISHOPS 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 AGENTS SPA HOLDER MS. MARIA SHANTI AGED ABOUT 48 YEARS D/O MONY AROCKISASWAMY 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: 1. SRI. S.C. ABOO BEKAR HAJEE SON OF LATE SRI ABDULLA Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24231 RSA No. 1847 of 2023 AGED ABOUT 84 YEARS SINCE DECEASED BY LR'S 1(A). MARIMAMMA W/O LATE SRI. S.C. ABOO BEKAR HAJEE AGED MAJOR 2. ASHRAF S/O LATE SRI. S.C. ABOO BEKAR HAJEE AGED MAJOR 3. NASEEMA S/O LATE SRI. S.C. ABOO BEKAR HAJEE AGED MAJOR 4. HAREEFA D/O LATE SRI. S.C. ABOO BEKAR HAJEE AGED MAJOR CARRING ON BUSINESS AT SHOP NO. 29 AND 30 SHOPPING COMPLEX OF ST. FRANCIS XAVIER CHURCH M.G. ROAD, CHIKKABALLAPUR - 562 101. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.03.2023 PASSED IN RA NO.161/2019 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.10.2019 PASSED IN OS NO.100/2013 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPURA. - 3 - HC-KAR NC: 2026:KHC:24231 RSA No. 1847 of 2023 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 JMFC., at Chikkaballapura in O.S No.100/2013, Dated 10.10.2019 and set aside the judgment in Regular Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 06.03.2023 in R.A No.161/2019 and to direct the respondent to 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". - 4 - HC-KAR NC: 2026:KHC:24231 RSA No. 1847 of 2023 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 VS List No.: 1 Sl No.: 8