- 1 - HC-KAR NC: 2026:KHC:23670 RSA No. 1831 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. 1831 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 TRUSTEE RT. REV DR PETER MACHADO, ARCHBISHOP OF BANGALORE HEREIN REPRESENTED BY HIS DULY AUTHORISED AGENT MS. MARIA SHANTI AGED ABOUT 48 YEARS, D/O MONYAROCKIASWAMY AT NO. 211, 8TH CROSS, PILLANNA GARDEN, ST THOMAS TOWN POST, BANGALORE-560084. …APPELLANT (BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE) AND: 1. K S MAHABOOB JAN S/O S A KUDDUS AGED ABOUT 51 YEARS, SINCE DECEASED BY LRS YASMIN W/O LATE MAHABOOB JAN Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23670 RSA No. 1831 of 2023 AGED MAJOR, 2. ISHAK PASHA S/O LATE MAHABOOB JAN AGED MAJOR, 3. SUMAIYA D/O LATE MAHABOOB JAN AGED MAJOR, CARRYING ON BUSINESS AT SHOP NO. 6,SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH, M.G.ROAD, CHIAKKABALLAPURA-562101. …RESPONDENTS (BY SRI. V. SHIVAKUMAR.,ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023 PASSED IN RA NO.151/2019 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.85/2013 ON THE FILE OF 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 - 3 - HC-KAR NC: 2026:KHC:23670 RSA No. 1831 of 2023 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.85/2013, 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. 151/2019 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. - 4 - HC-KAR NC: 2026:KHC:23670 RSA No. 1831 of 2023 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.: 20