Dismissed¶29

The Archdiocese of Bangalore v. Dr Mahesh Y

Karnataka HC25 Apr 2026RSA/1550/2023

Case brief

AI extract

What is this about?

RSA dismissed as withdrawn; withdrawal memo by appellant's counsel; liberty to file fresh suit for declaration and possession; subject to law of limitation; Section 100 CPC; Regular Second Appeal; Karnataka High Court; Archdiocese of Bangalore v. Dr. Mahesh Y; Chikkaballapura; RA No.156/2019; OS No.92/2013; no merits adjudicated

What did the court decide?

Appeal dismissed as withdrawn with liberty to file a fresh suit for Declaration and Possession before the jurisdictional court, if so advised, subject to the law of limitation. ¶29

The Archdiocese of Bangalore Vs Dr Mahesh Y — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:23280 RSA No. 1550 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1550 OF 2023 (RES)

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BETWEEN:

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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.

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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BY ITS SOLE TRUSTEE RT. REV DR PETER MACHADO ARCHBISHOP OF BANGALORE HEREIN REPRESENTED BY HIS DULY AUTHORISED AGENT SPA HOLDER MS. MARIA SHANTI AGED ABOUT 48 YEARS D/O MONY AROCKIASWAMY AT NO.211, 8^TH CROSS PILLANNA GARDEN ST. THOMAS TOWN POST BANGALORE - 560 084.

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…APPELLANT (BY MS.SONA RAJAKUMAR, ADVOCATE FOR SRI JOSEPH ANILKUMAR A., ADVOCATE)

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AND:

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DR. MAHESH Y S/O. B. YEDALINGAPPA AGED ABOUT 43 YEARS CARRYING ON BUSINESS AT SHOP NO.03, 1^ST FLOOR SHOPPING COMPLEX OF

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2 - NC: 2026:KHC:23280 RSA No. 1550 of 2023

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HC-KAR

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ST. FRANCIS XAVIER CHURCH M.G.ROAD, CHIKKABALLAPURA - 562 101.

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…RESPONDENT

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(BY SRI V.G.BHANUPRAKASH, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.01.2023 PASSED IN RA No.156/2019 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.92/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKBALLAPURA AND ETC.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Learned counsel for appellant files a memo seeking withdrawal of this appeal, which reads as under:

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"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.92/2013, Dated 10/10/2019 and Set aside the Judgement in Regular Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 23/01/2023 in R.A.No.156/2019 and to direct the respondent to

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3 - NC: 2026:KHC:23280 RSA No. 1550 of 2023

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HC-KAR

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vacate the schedule property and handover the vacant possession to the appellants.

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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."

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Placing the memo on record, the appeal is dismissed as withdrawn with liberty to file a fresh suit,

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if so advised. However, the same shall be subject to the law of limitation.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CPN List No.: 1 Sl No.: 14

The Archdiocese of Bangalore v. Dr Mahesh Y

Case brief

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The Archdiocese of Bangalore v. Dr Mahesh Y

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