Dismissed¶¶37

The Archdiocese of Bangalore v. K S Mahaboob Jan

Karnataka HC27 Apr 2026RSA/1831/2023

Case brief

AI extract

What is this about?

Keywords: withdrawal of appeal; memo for withdrawal; dismissed as withdrawn; liberty reserved subject to law of limitation; liberty to file fresh suit for declaration and possession; Section 100 CPC; RSA 1831/2023; RA 151/2019; OS 85/2013; Chikkaballapura courts; Archdiocese of Bangalore; K S Mahaboob Jan LRs (Yasmin, Ishak Pasha, Sumaiya); NC: 2026:KHC:23670; decided 27-04-2026; Justice Pradeep Singh Yerur; no quantum; no precedents cited.

What did the court decide?

Appeal dismissed as withdrawn; liberty reserved to the appellant, subject to the law of limitation, to file a fresh suit for declaration and possession before the jurisdictional court. ¶¶37

The Archdiocese of Bangalore Vs K S Mahaboob Jan — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:23670 RSA No. 1831 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^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. 1831 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-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.

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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(BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE)

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AND:

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…APPELLANT

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K S MAHABOOB JAN S/O S A KUDDUS AGED ABOUT 51 YEARS, SINCE DECEASED BY LRS

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YASMIN

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W/O LATE MAHABOOB JAN

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NC: 2026:KHC:23670 RSA No. 1831 of 2023

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HC-KAR

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AGED MAJOR,

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ISHAK PASHA S/O LATE MAHABOOB JAN AGED MAJOR,

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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.

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…RESPONDENTS

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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 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.

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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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NC: 2026:KHC:23670 RSA No. 1831 of 2023

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo 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.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.

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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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