Nhdpl South Private Ltd vs Sri Vasantha Shetty
2023 Latest Caselaw 8005 Kant

Karnataka High Court

Nhdpl South Private Ltd vs Sri Vasantha Shetty on 21 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                              -1-
                                                      NC: 2023:KHC:42166-DB
                                                       RERA.A No. 4 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                          PRESENT
                     THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                                                AND
               THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                               RERA APPEAL NO.4 OF 2022


              BETWEEN:

                 NHDPL SOUTH PRIVATE LTD
                 (FORMERLY KNOWN AS NHDPL
Digitally signed PROPERTIES PRIVATE LIMITED
by YASHODHA N EARLIER NITESH HOUSING
Location: HIGH DEVELOPERS PVT. LTD.)
COURT OF
KARNATAKA        HAVING ITS REGISTERED OFFICE
                 AT NO 110, ANDREWS BUILDING
                 M.G.ROAD, BENGALURU-560 001
                 REPRESENTED BY ITS
                 AUTHORIZED REPRESENTATIVE
                 SRI. K.B. SWAMY
                 AGED ABOUT 61 YEARS                               ...APPELLANT

               (BY SHRI. NIRUPAN GOWDA, ADVOCATE FOR
                   SHRI. SIDDHARTH SUMAN, ADVOCATE)

              AND:

              1.    SRI. VASANTHA SHETTY
                    S/O LATE MR. VITTAL SHETTY
                    NO.141, 4TH CROSS ROAD
                    1ST MAIN, 2ND STAGE
                    ARAKERE, MICO LAYOUT
                    BENGALURU-560 076

              2.    SRI. RAKESH SHETTY K
                    S/O SRI. VASANTH SHETTY
                    NO.141, 4TH CROSS ROAD
                    1ST MAIN, 2ND STAGE
                             -2-
                                       NC: 2023:KHC:42166-DB
                                        RERA.A No. 4 of 2022




     ARAKERE, MICO LAYOUT
     BENGALURU-560 076

3.   ADJUDICATING OFFICER
     REAL ESTATE
     NO.1/14, GROUND FLOOR
     SILVER JUBILEE BLOCK
     UNITY BUILDING, CSI COMPOUND
     3RD CROSS MISSION ROAD
     BENGALURU-560 027                        ...RESPONDENTS

(BY SHRI/SMT. FARHAT WARSI, ADVOCATE FOR R1 & R2;
    SHRI. I.S. DEVAIAH AND
    SHRI. ANKITH JAIN, ADVOCATE FOR R3)

     THIS RERA.A IS FILED UNDER SECTION 58 OF THE REAL ESTATE
(REGULATION AND DEVELOPMENT) AUTHORITY ACT, 2016, PRAYING TO
CALL FOR THE RECORDS AND SET ASIDE THE ORDER DATED 11.12.2020
PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL,
BENGALURU, IN APPEAL FR (K-REAT) NO.146/2020, I.E., ANNEXURE-A
WHERE UNDER, THE APPEAL FILED BY THE APPELLANT WAS DISMISSED
AND CONSEQUENTLY THE APPEAL FILED BY THE APPELLANT BEFORE THE
KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU IN APPEAL
FR(K-REAT) NO.146/2020 BE RESTORED TO FILE AND ETC.


     THIS RERA.A, COMING ON FOR FINAL HEARING, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Shri Nirupan Gowda, learned advocate for the appellant

submits that this matter is settled out of court. Accordingly,

he has filed memo dated 20.11.2023 seeking leave to

withdraw this appeal.

NC: 2023:KHC:42166-DB

2. Leave granted. This appeal is accordingly

dismissed as withdrawn.

3. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive and they

stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

YN