- 1 - HC-KAR NC: 2026:KHC:23666 RSA No. 1842 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1842 OF 2023 (RES) BETWEEN: 1. THE ARCHDIOCESE OF BANGALORE A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE NO. 75 MILLERS ROAD, BENSON TOWN, BANGALORE-560046 BY ITS SOLE TURSTEE RT. REV DR PETER MACHADO, 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-560084. …APPELLANT (BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE) AND: 1. SMT K C RADHAMMA W/O SRI. G.T. LAXMIPATHI, AGED ABOUT 52 YEARS, Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23666 RSA No. 1842 of 2023 CARRYING ON BUSINESS AT SHOP NO. 29 AND 30 SHOPPING COMPLEX OF ST FARNCIS XAVIER CHRURCH, M.G.ROAD, CHIKKABALLAPURA-562101. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023. PASSED IN RA.NO.167/2019 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 O.S.NO.107/2013 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. 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 the appellant has filed a memo seeking withdrawal of this appeal. 2. The memo reads as under: " The Appellant in the above case humbly submits that appellant had filed RSA in regard to set aside the Judgement and Decree passed by the I additional Senior Civil Judge and J.M.F.C., at chikkaballapura in O.S.No.107/2013, Dated - 3 - HC-KAR NC: 2026:KHC:23666 RSA No. 1842 of 2023 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. 167/2019 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." 3. The memo and submission of the learned counsel for the appellant is placed on record. 4. The appeal is dismissed as withdrawn. Liberty is reserved subject to the law of limitation. 5. In view of dismissal of this appeal, pending application, if any, would pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK, List No.: 1 Sl No.: 8