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The Archdiocese of Bangalore Vs Smt K C Radhamma — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
The Archdiocese of Bangalore Vs Smt K C RadhammaThe Archdiocese of Bangalore v. Smt K C Radhamma

Dismissed¶34

The Archdiocese of Bangalore v. Smt K C Radhamma

Karnataka HC27 Apr 2026RSA/1842/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 1842 of 2023 (Section 100 CPC); Justice Pradeep Singh Yerur; decided 27-04-2026. Appellant Archdiocese of Bangalore (trustee Archbishop Peter Machado; agent Maria Shanti; counsel Joseph Anilkumar A.) withdrew its second appeal against Smt K C Radhamma regarding possession of Shops 29-30, St. Francis Xavier Church shopping complex, M.G. Road, Chikkaballapura. Disposition: appeal dismissed as withdrawn; liberty reserved to file fresh suit for declaration and possession, subject to law of limitation; pending applications pale into insignificance. Keywords: withdrawal of appeal, memo, dismissed as withdrawn, liberty, limitation, R.A. No. 167/2019, O.S. No. 107/2013, Chikkaballapura.

What did the court decide?

Appeal dismissed as withdrawn on the appellant's memo; liberty reserved to the appellant to file a fresh suit for declaration and possession, subject to the law of limitation.

Why is it important?

The appeal is dismissed as withdrawn. ¶34

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn on the appellant's memo; liberty reserved to the appellant to file a fresh suit for declaration and possession, subject to the law of limitation.

Ratio / Principle

The appeal is dismissed as withdrawn.

Key takeaways

Liberty is reserved to the appellant, subject to the law of limitation.ratio¶35
In view of dismissal of the appeal, pending applications, if any, pale into insignificance.ratio¶37

Detailed headnote1 paragraphs

Regular Second Appeal under Section 100 CPC by the Archdiocese of Bangalore (through its sole trustee, the Archbishop of Bangalore, represented by an authorised agent) against Smt K C Radhamma, challenging the judgment and decree dated 15.02.2023 in R.A. No. 167/2019 (III Additional District and Sessions Judge, Chikkaballapura), whereby the first appeal was dismissed and the decree dated 10.10.2019 in O.S. No. 107/2013 (Ist Additional Senior Civil Judge and JMFC, Chikkaballapura) concerning Shops Nos. 29 and 30 of the shopping complex of St. Francis Xavier Church, M.G. Road, Chikkaballapura, was confirmed. Before orders, learned counsel for the appellant filed a memo seeking withdrawal of the appeal with liberty to file a fresh suit for declaration and possession. The Court placed the memo on record, dismissed the appeal as withdrawn, reserved liberty subject to the law of limitation, and held that pending applications, if any, paled into insignificance.

A

1 -

NC: 2026:KHC:23666 RSA No. 1842 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1842 OF 2023 (RES)

BETWEEN:

THE ARCHDIOCESE OF BANGALORE

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

A PUBLIC RELIGIOUS CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT ARCHBISHOPS HOUSE NO. 75 MILLERS ROAD, BENSON TOWN, BANGALORE-560046 BY ITS SOLE TURSTEE 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-560084.

…APPELLANT

(BY SRI. JOSEPH ANILKUMAR A.,ADVOCATE)

AND:

SMT K C RADHAMMA W/O SRI. G.T. LAXMIPATHI, AGED ABOUT 52 YEARS,

2 -

NC: 2026:KHC:23666 RSA No. 1842 of 2023

HC-KAR

CARRYING ON BUSINESS AT SHOP NO. 29 AND 30 SHOPPING COMPLEX OF ST FARNCIS XAVIER CHRURCH, M.G.ROAD, CHIKKABALLAPURA-562101.

…RESPONDENT

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.02.2023. PASSED IN RA.NO.167/2019 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 O.S.NO.107/2013 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for the appellant has filed a memo seeking withdrawal of this appeal.

The memo reads as under:

" 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.107/2013, Dated

3 - NC: 2026:KHC:23666 RSA No. 1842 of 2023

HC-KAR

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. 167/2019 and to direct the respondent to vacate the schedule property and handover the vacant possession to the appellants.

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."

3. The memo and submission of the learned counsel

for the appellant is placed on record.

4. The appeal is dismissed as withdrawn. Liberty

is reserved subject to the law of limitation.

In view of dismissal of this appeal, pending

application, if any, would pale into insignificance.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

RCK, List No.: 1 Sl No.: 8

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure (CPC)100¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 15.02.2023 in R.A. No. 167/2019 dismissing the first appeal and confirming the judgment and decree dated 10.10.2019 in O.S. No. 107/2013.¶21
III Additional District and Sessions Judge, Chikkaballapura · 15.02.2023
Prior proceeding
Original suit O.S. No. 107/2013 before the Ist Additional Senior Civil Judge and JMFC, Chikkaballapura; judgment and decree dated 10.10.2019.¶21
Prior proceeding
First appeal R.A. No. 167/2019 before the III Additional District and Sessions Judge, Chikkaballapura, dismissed by judgment and decree dated 15.02.2023, confirming the trial-court decree.¶21
Prior proceeding
Learned counsel for the appellant filed a memo seeking withdrawal of this regular second appeal.¶25
Prior proceeding
The withdrawal memo sought liberty to file a fresh suit for declaration and possession before the jurisdiction Court.¶31

Parties & counsel

AI extract

appellant
THE ARCHDIOCESE OF BANGALORE, A PUBLIC RELIGIOUS CHARITABLE TRUST, BY ITS SOLE TRUSTEE RT. REV DR PETER MACHADO, ARCHBISHOP OF BANGALORE, REPRESENTED BY ITS DULY AUTHORISED AGENT MS. MARIA SHANTI¶11
SRI. JOSEPH ANILKUMAR A.
respondent
SMT K C RADHAMMA W/O SRI. G.T. LAXMIPATHI¶15

Coram

AI extract

HON'BLE MR. JUSTICE PRADEEP SINGH YERURauthor¶23

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 27 Apr 2026 · April
Registered: 16 Oct 2023
Case no.: RSA/1842/2023
CNR: KAHC010550562023
Bench: Pradeep Singh Yerur
Disposal: DISMISSED
Case type: Regular Second Appeal (RES)

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Cite this judgement

The Archdiocese of Bangalore v. Smt K C Radhamma, RSA/1842/2023 (KA), decided on 27 April 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure (CPC)100

View all statutes

Procedural history5

Judgment and decree dated 15.02.2023 in R.A. No. 167/2019 dismissing the first appeal and confirming the judgment and decree dated 10.10.2019 in O.S. No. 107/2013.III Additional District and Sessions Judge, Chikkaballapura · 15.02.2023
Original suit O.S. No. 107/2013 before the Ist Additional Senior Civil Judge and JMFC, Chikkaballapura; judgment and decree dated 10.10.2019.
First appeal R.A. No. 167/2019 before the III Additional District and Sessions Judge, Chikkaballapura, dismissed by judgment and decree dated 15.02.2023, confirming the trial-court decree.

View full history

Bench / Coram

HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

Parties & counsel