Dismissed¶35

The Archdiocese of Bangalore v. S a Allabaksh

Karnataka HC24 Apr 2026RSA/1552/2023

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; RSA No. 1552 of 2023 (RES) under Sec.100 CPC; withdrawal of regular second appeal by memo; appeal dismissed as withdrawn; liberty reserved subject to law of limitation; liberty to file fresh suit for declaration and possession; Archdiocese of Bangalore (Archbishop Peter Machado, agent Maria Shanti) v. S.A. Allabaksh; shop premises, St. Francis Xavier Church complex, Chikkaballapura; antecedents: O.S. No.97/2013 (decree 10.10.2019) and R.A. No.159/2019 (dismissed 23.01.2023); pending applications pale into insignificance; Coram: Hon'ble Mr. Justice Pradeep Singh Yerur; decided 24 April 2026.

What did the court decide?

Appeal dismissed as withdrawn, with liberty reserved to the appellant subject to the law of limitation to pursue a fresh suit for declaration and possession before the jurisdictional court.

The Archdiocese of Bangalore Vs S a Allabaksh — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn, with liberty reserved to the appellant subject to the law of limitation to pursue a fresh suit for declaration and possession before the jurisdictional court.

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Issue for consideration

Whether the regular second appeal should be permitted to be withdrawn on the appellant's memo, and on what terms (liberty to file a fresh suit for declaration and possession, subject to the law of limitation).

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Court's answer

Upon the appellant's memo and submission of learned counsel, the regular second appeal is dismissed as withdrawn, with the memo placed on record.

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Ratio / Principle

Liberty is reserved to the appellant subject to the law of limitation, consistent with the memo's request for leave to file a fresh suit for declaration and possession before the jurisdictional court.

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Key takeaways

In view of the dismissal of the appeal, any pending application, if any, would pale into insignificance; no separate orders were passed on pending applications.ratio¶37

Detailed headnote1 paragraphs

Regular Second Appeal under Sec.100 CPC by the Archdiocese of Bangalore (a public religious charitable trust, by its sole trustee Rt. Rev Dr Peter Machado, Archbishop of Bangalore, through authorised agent Ms. Maria Shanti) against S.A. Allabaksh, directed against the judgment and decree dated 23.01.2023 in R.A. No.159/2019 of the III Additional District and Sessions Judge, Chikkaballapura, which had dismissed the first appeal and confirmed the judgment and decree dated 10.10.2019 in O.S. No.97/2013 of the I Additional Senior Civil Judge and JMFC, Chickballapura. At the hearing (for orders), learned counsel for the appellant filed a memo seeking withdrawal of the appeal with liberty to file a fresh suit for declaration and possession before the jurisdictional court. The Hon'ble Mr. Justice Pradeep Singh Yerur placed the memo on record and dismissed the appeal as withdrawn, reserving liberty subject to the law of limitation, and observed that pending applications, if any, would pale into insignificance. Oral judgment dated 24 April 2026.

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NC: 2026:KHC:22795 RSA No. 1552 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^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. 1552 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 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

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(BY SRI. JOSEPH ANILKUMAR A., ADVOCATE)

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AND:

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S.A.ALLABAKSH S/O T.S.ANWAR SAB,

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NC: 2026:KHC:22795 RSA No. 1552 of 2023

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HC-KAR

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AGED ABOUT 46 YEARS, CARRYING ON BUSINESS AT SHOP NO 10, SHOPPING COMPLEX OF ST.FRANCIS XAVIER CHURCH, M G ROAD, CHIKKABALLAPURA - 562 101

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…RESPONDENT

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.01.2023 PASSED IN RA NO.159/2019 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.97/2013 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPURA.

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THIS APPEAL, COMING ON FOR 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 the appellant has filed a memo

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seeking withdrawal of this appeal.

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The memo 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 Judgement and Decree passed by the I additional Senior Civil Judge and J.M.F.C., at chikkaballapura in O.S. No. 97/2013, Dated 10/10/2019 and Set aside the Judgement in Regular Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 20/01/2023 in R.A. No.

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NC: 2026:KHC:22795 RSA No. 1552 of 2023

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HC-KAR

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159/2019 and to direct the respondent to 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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