M/S Nhdpl South Private Ltd vs Mr Shahid Rahman
2023 Latest Caselaw 8008 Kant

Karnataka High Court

M/S Nhdpl South Private Ltd vs Mr Shahid Rahman on 21 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                -1-
                                                         NC: 2023:KHC:41799-DB
                                                           RERA.A No. 30 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. 30 OF 2022
                   BETWEEN:

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

                   (BY SHRI. SIDDARTH SUMAN, ADVOCATE)

                   AND:
                   1.    SRI. SHAHID RAHMAN S/O LATE S.K. ABDUR RAHMAN
                         AGED ABOUT 40 YEARS

                   2.    MRS. SALEHA RAHMAN W/O LATE S.K. ABDUL RAHMAN
                         AGED ABOUT 67 YEARS

                         BOTH R/O AT #8051, SOBHA FOREST VIEW
                         ALDER BLOCK, 100 FEET ROAD, BENGALURU-560 062

                   3.    ADJUDICATING OFFICER
                         REAL ESTATE REGULATORY AUTHORITY
                         GROUND FLOOR, SILVER JUBILEE BLOCK
                         UNITY BUILDING, CSI COMPOUND
                         3RD CROSS, MISSION ROAD
                         BENGALURU-560 027                      ...RESPONDENTS

                   (BY SHRI. K. RAJASHEKHAR, ADVOCATE FOR R3;
                      R1-SERVED AND UNREPRESENTED)
                                -2-
                                        NC: 2023:KHC:41799-DB
                                          RERA.A No. 30 of 2022



      THIS RERA.A IS FILED UNDER SECTION 58 OF THE REAL ESTATE
REGULATORY 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 NO. FR(K-REAT) 150/2020 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
NO. FR(K-REAT) 150/2020 BE RESTORED TO FILE AND ETC.

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

                            JUDGMENT

Shri Sidharth Suman, learned advocate for the appellant has

filed memo dated 20.11.2023 stating that parties have settled the

matter out of court and prayed for dismissal of this appeal.

2. Leave granted. This appeal is accordingly dismissed as

settled out of court.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YN