Dismissed¶42

The Archdiocese of Bangalore v. Sri a Srinivas(Deceased)

Karnataka HC27 Apr 2026RSA/1832/2023

Case brief

AI extract

What is this about?

Karnataka HC, RSA No. 1832 of 2023, dismissed as withdrawn on appellant's memo; Archdiocese of Bangalore v. LRs of A Srinivas; challenge to concurrent decrees in O.S. No.82/2013 and R.A. No.48/2021, Chikkaballapura, regarding shop premises/vacant possession; liberty to file fresh suit for declaration and possession subject to limitation; pending applications pale into insignificance; Sec. 100 CPC; Justice Pradeep Singh Yerur; 27.04.2026.

What did the court decide?

Appeal dismissed as withdrawn; liberty reserved to the appellant to file a fresh suit for declaration and possession before the jurisdictional court, subject to the law of limitation. ¶42

The Archdiocese of Bangalore Vs Sri a Srinivas(Deceased) — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:23667 RSA No. 1832 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. 1832 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, BANGLAORE-560046 BY ITS SOLE TURSTEE, RT. REV DR PETER MACHADO, ARCBISHOP 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-560084. …APPELLANT

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(BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE)

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AND:

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SRI A SRINIVAS(DECEASED) BY HIS LRS

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NC: 2026:KHC:23667 RSA No. 1832 of 2023

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HC-KAR

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SMT RADHAMMA

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a) W/O LATE SRI A SRINIVAS AGED ABOUT 50 YEARS,

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b) SRI MANJUNATH S/O LATE A SRINIVAS AGED ABOUT 40 YEARS,

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c) SRI MAHESH KUMAR S/O LATE SRI A SRINIVAS AGED ABOUT 29 YEARS,

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d) GEETHA D/O LATE A SRINIVAS AGED ABOUT 25 YEARS,

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e) GAYATHRI D/O LATE A SRINIVAS AGED ABOUT 23 YEARS,

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CARRYING ON BUSINESS AT

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SHOP NO. 34, SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH, M.G ROAD, CHIKKABALLAPURA-562101.

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…RESPONDENTS

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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.48/2021 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 1.3.2021 PASSED IN OS NO.82/2013 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT CHIKKABALLAPURA.

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NC: 2026:KHC:23667 RSA No. 1832 of 2023

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HC-KAR

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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.82/2013, Dated 01/03/2021 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. 48/2019 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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