Shriram Properties Ltd vs Sri P S Jambulingham
2022 Latest Caselaw 11259 Kant

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF AUGUST 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

             RERA APPEAL NO.21 OF 2022

BETWEEN:

SHRIRAM PROPERTIES LTD.,
NO.31, 2ND MAIN, T. CHOWDAIAH ROAD
NEAR BASHYAM CIRCLE
SADASHIVANAGAR, BENGALURU-560080
REP. BY ITS AUTHORIZED SIGNATORY
NAVEEN KUMAR J.
                                      ... APPELLANT
(BY MR. JOSEPH ANTHONY, ADV.,)


AND:

1.     SRI. P.S. JAMBULINGHAM
       AGED ABOUT 54 YEARS
       S/O P. SIDDARAMAIAH.

2.     SMT. G.C. SHANKARI
       AGED ABOUT 50 YEARS
       W/O P.S. JAMBULINGAM.

       BOTH ARE R/AT NO.407
       A BLOCK, SRI SAI SUMUKH APARTMENTS
       IST MAIN, 6TH CROSS
       SHIVU BADAVANE
                             2



       MARIYAPPANA PALYA
       BENGALURU-560056.

3.     THE KARNATAKA REAL ESTATE REGULATORY
       AUTHORITY, 2ND FLOOR
       SILVER JUBLIEE BLOCK
       UNITY BUILDING
       CSI COMPOUND, 3RD CROSS
       MISSION ROAD,
       BANGALORE-560027.

                                       ... RESPONDENTS
                           ---

       THIS RERA APPEAL IS FILED U/S 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016,
PRAYING TO CALL FOR RECORDS PERTAINING TO APPEAL
(K-REAT) 86/2020 ON THE FILE OF THE RESPONDENT NO.1
AND. ISSUE AN ORDER OR DIRECTION TO SET ASIDE THE
IMPUGNED JUDGMENT DATED 12/04/2021 IN APPEAL (K-
REAT) NO.86/2020 (ANNEXURE-A).    IN THE ALTERNATIVE,
REMAND THE MATTER TO THE FILE OF K-REAT, THEREBY
DIRECTING THE K-REAT       TO PERMIT THE APPELLANT
HEREIN TO ADVANCE ARGUMENTS AND PROSECUTE THE
SAID APPEAL WITHOUT THE REQUIREMENT TO MAKE THE
DEPOSIT OF SEVENTY PERCENT OF THE AMOUNT AS
AWARDED & ETC.


       THIS RERA APPEAL COMING ON FOR ORDERS, THIS
DAY,    ACTING   CHIEF     JUSTICE,   DELIVERED   THE
FOLLOWING:
                              3



                          JUDGMENT

Mr.Joseph Anthony, learned counsel for the appellant

has filed a memo seeking leave of this Court to withdraw the

appeal. The aforesaid memo is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

RV