Dismissed¶28

The Archdiocese of Bangalore v. R H Naryanaswamy

Karnataka HC24 Apr 2026RSA/1564/2023

Case brief

AI extract

What is this about?

Withdrawal of regular second appeal at threshold; RSA dismissed as withdrawn with liberty reserved subject to law of limitation; memo seeking liberty to file fresh suit for declaration and possession; parties: Archdiocese of Bangalore (appellant, adv. Joseph Anilkumar A.) v. R H Naryanaswamy (respondent, adv. V. Shivakumar); underlying decrees: O.S. No. 84/2013 (10.10.2019) confirmed by R.A. No. 150/2019 (16.12.2022); court: HC Karnataka (Chikkaballapura suits); statute: Sec.100 CPC; no merits adjudication, no cases cited, no quantum.

What did the court decide?

Appeal dismissed as withdrawn; liberty reserved to the appellant subject to the law of limitation (per the memo, liberty intended to file a fresh suit for declaration and possession before the jurisdictional court). ¶28

The Archdiocese of Bangalore Vs R H Naryanaswamy — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:22797 RSA No. 1564 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. 1564 OF 2023 (RES)

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BETWEEN:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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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 - 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 MONY AROCKIASWAMY AT NO 211, 8TH CROSS PILLANNA GARDEN ST THOMAS TOWN POST BANGALORE - 560 084 …APPELLANT (BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE) AND: R H NARYANASWAMY S/O R DODDA HANUMANTHAPPA AGED ABOUT 76 YEARS CARRYING BUSINESS AT SHOP NO.16, SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH M G ROAD,

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NC: 2026:KHC:22797 RSA No. 1564 of 2023

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…RESPONDENT

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HC-KAR

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CHIKKABALLAPURA - 562101

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(BY SRI. V. SHIVAKUMAR.,ADVOCATE)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.12.2022 PASSED IN RA NO.150/2019 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.84/2013 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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2. 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 additional Senior Civil Judge and J.M.F.C., at chikkaballapura in O.S. No. 84/2013, Dated 10/10/2019 and Set aside the Judgement in Regular Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 16/12/2022 in R.A. No. 150/2019 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:22797 RSA No. 1564 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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