Dismissed¶35

The Archdiocese of Bangalore v. Sri B Suresh

Karnataka HC24 Apr 2026RSA/1838/2023

Case brief

AI extract

What is this about?

High Court of Karnataka, RSA No. 1838 of 2023 (RES); Archdiocese of Bangalore (trustee Rt. Rev Dr Peter Machado; agent Maria Shathi) v. Sri B Suresh; appeal withdrawn via memo; dismissed as withdrawn with liberty subject to law of limitation; fresh suit for declaration and possession contemplated; schedule property of St Francis Xavier Church shopping complex, Chikkaballapura; underlies O.S. No.101/2013 (decree 10.10.2019) and R.A. No.162/2019 (judgment 15.02.2023); filed under Sec.100 CPC; Justice Pradeep Singh Yerur; decision 24.04.2026; NC: 2026:KHC:22791.

What did the court decide?

Appeal dismissed as withdrawn; liberty reserved to the appellant to file a fresh suit (per the memo, for declaration and possession), subject to the law of limitation; pending applications, if any, rendered insignificant. ¶35

The Archdiocese of Bangalore Vs Sri B Suresh — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:22791 RSA No. 1838 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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. 1838 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.45, MILLERS ROAD BENSON TOWN, BANGALORE - 560 046 BY ITS SOLE TRUSTEE RT. REV DR PETER MACHADO. ARCHBISHOP OF BANGALORE

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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HEREIN REP BY HIS DULY AUTHORISED AGENT MS MARIA SHATHI AGED 48 YEARS D/O MONY AROCKISWAMY 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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SRI B SURESH S/O M BAYANNA

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NC: 2026:KHC:22791 RSA No. 1838 of 2023

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HC-KAR

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AGED 43 YEARS CARRYING ON BUSINESS AT SHOP NO.31, SHOPPING COMPLEX OF ST FRANCIS XAVIER CHURCH M. G. ROAD CHIKAKBALLAPURA - 562 101

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…RESPONDENT

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THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023 PASSED IN RA NO.162/2019 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.101/2013 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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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.101/2013, Dated 10/10/2019 and Set aside the Judgement in Regular

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NC: 2026:KHC:22791 RSA No. 1838 of 2023

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HC-KAR

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Appeal passed by II Additional District and Sessions Judge, Chikkaballapura dated 15/02/2023 in R.A. No. 162/2019 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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