Dismissed¶¶36

The Archdiocese of Bangalore v. Smt L Roopa

Karnataka HC24 Apr 2026RSA/1559/2023

Case brief

AI extract

What is this about?

Karnataka HC, RSA No. 1559 of 2023 (RES), decided 24-04-2026 by Justice Pradeep Singh Yerur; Archdiocese of Bangalore v. Smt L Roopa; appeal under Sec. 100 CPC against R.A. No.157/2019 decree (23.01.2023) confirming O.S. No.93/2013 decree (10.10.2019), Chikkaballapura; withdrawal memo filed; appeal dismissed as withdrawn with liberty subject to law of limitation; pending applications pale into insignificance; no substantive adjudication, no cases cited.

What did the court decide?

Appeal dismissed as withdrawn at the appellant's instance; liberty reserved subject to the law of limitation (withdrawal memo sought liberty to file a fresh suit for declaration and possession before the jurisdictional court); pending applications, if any, pale into insignificance. ¶¶36

The Archdiocese of Bangalore Vs Smt L Roopa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:22792 RSA No. 1559 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. 1559 OF 2023 (RES)

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BETWEEN:

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THE ARCHDIOCESE OF BANGALORE

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A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE NO 45, MILLERS ROAD, BENSON TOWN,

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BANGALORE - 560 046

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BY ITS SOLE TRUSTEE RT REV DR PETER MACHADO, ARCHBISHOP OF BANGALORE

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HEREIN REPRESENTED BY HIS DULY AUTHORISED AGENT SPA HOLDER

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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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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SMT L ROOPA W/O LATE SRI LENIN RAVIKUMAR, AGED ABOUT 49 YEARS,

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NC: 2026:KHC:22792 RSA No. 1559 of 2023

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HC-KAR

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CARRYING ON BUSINESS AT SHOP NO 19, SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH, M G ROAD, CHIKKABALLAPURA 562101

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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.157/2019 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.93/2013 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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. 93/2013, 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. 157/2019 and to direct the respondent to vacate the schedule property and handover the vacant possession to the appellants.

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3 - NC: 2026:KHC:22792 RSA No. 1559 of 2023

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HC-KAR

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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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3. The memo and submission of the learned counsel

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for the appellant is placed on record.

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4. The appeal is dismissed as withdrawn. Liberty

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is reserved subject to the law of limitation.

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