Pebble Bay Owners Association vs Pebble Bay Developers Private ...
2023 Latest Caselaw 819 Kant

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                                                    MFA No. 8370 of 2016




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 12TH DAY OF JANUARY, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                MISCELLANEOUS FIRST APPEAL NO. 8370 OF 2016 (CPC)



                BETWEEN:

                PEBBLE BAY OWNERS ASSOCIATION
                AN ASSOCIATION REGISTERED UNDER
                THE KARNATAKA APARTMENT OWNERSHIP ACT
                1972 WITH ITS REGISTERED OFFICE
                AT UNIT NO.12 (TOWER-5), PEBBLE BAY
                MUNICIPAL NEW NO.A11 AT NTI LAYOUT
                1ST STAGE,WARD NO.18 (OLD NO.100)
                SANJAYANAGAR, BENGALURU
                REPRESENTED HEREIN BY ITS
                SECRETARY JASRAJ BAKSHISH
Digitally signed
by                                                          ...APPELLANT
DHANALAKSHMI
MURTHY
Location: High   (BY SRI. NEERAJ SASTRI, ADVOCATE FOR
Court of         M V SUNDARAMAN., ADVOCATE)
Karnataka
                AND:

                PEBBLE BAY DEVELOPERS PRIVATE LIMITED
                A COMPANY INCORPORATED UNDER
                THE COMPANIES ACT 1956
                HAVING REGISTERED OFFICE AT
                RAHEJA CHAMBERS
                4TH FLOR, LINKING ROAD
                & MAIN AVENUE, SANTACRUZ
                MUMBAI-400054
                HAVING BRANCH OFFICE AT
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                                      MFA No. 8370 of 2016




ONXY CENTER, 4TH FLOOR
5 MUSUEM ROAD, BENGALURU.

                                            ...RESPONDENT

(BY MS AMANDA CHAKRAVARTI, FOR
SRI. AJESH KUMAR S ADVOCATE FOR C/R)


THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT.09.09.2016 PASSED ON I.A.NO.1 IN
O.S.NO.4113/2016 ON THE FILE OF THE LXV ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING I.A.NO.1
FILED U/O 39 RULE 1 & 2 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

The learned counsel for the appellant has filed a

memo dated 12.1.2023 seeking permission of the court to

withdraw the appeal on the ground that the appeal has

become infructuous.

Memo is placed on record.

Accordingly, the appeal is dismissed as having

become infructuous.

Since the suit is of the year 2016 and the same is

pending, the Trial Court is directed to dispose of the suit

MFA No. 8370 of 2016

as expeditiously as possible, not later than ten months

from the date of receipt of copy of this order.

The parties are directed to co-operate for the early

disposal of the suit.

Sd/-

JUDGE

DM