Pebble Bay Owners Association vs Mr. Sunil Kumar Nahar
2024 Latest Caselaw 9856 Kant

Karnataka High Court

Pebble Bay Owners Association vs Mr. Sunil Kumar Nahar on 4 April, 2024

                                              -1-
                                                         NC: 2024:KHC:14010
                                                         MSA No. 50 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 4TH DAY OF APRIL, 2024

                                            BEFORE
                        THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                        MISCELLANEOUS SECOND APPEAL NO. 50 OF 2024
                   BETWEEN:

                         PEBBLE BAY OWNERS ASSOCIATION
                         A SOCIETY FORMED UNDER THE PROVISION OF THE
                         KARNATAKA REGISTRATION OF
                         SOCIETIES ACT, 1960,
                         HAVING ITS OFFICE AT A-11,
                         1ST MAIN, DOLLARS COLONY,
                         RMV II STAGE,BANGALORE-560 094,
                         REPRESENTED BY ITS PROPERTY MANAGER,
                         MR. RAJKUMAR DASS.
                                                               ...APPELLANT
                   (BY SRI. RAMESH T.,ADVOCATE)

                   AND:

                   1.    MR. SUNIL KUMAR NAHAR
Digitally signed         SON OF MR. GAUTAM NAHAR,
by SUVARNA T             AGED ABOUT 53 YEARS,
Location: HIGH           RESIDING AT NO. 22, PANCHAVATI,
COURT OF                 18TH CROSS,10TH MAIN, MALLESHWARAM,
KARNATAKA                BANGALORE-560 055.

                   2.    MR. AKASH KUMAR NAHAR
                         SON OF MR. GAUTAM NAHAR,
                         AGED ABOUT 45 YEARS,
                         RESIDING AT NAHAR MANSION,
                         1044 C CROSS, PIPELINE YESHWANTHPURA,
                         BANGALORE-560 055,

                         REPRESENTED BY HIS DULY CONSTITUTED POWER
                         OF ATTORNEY HOLDER,
                         MR. SUNIL KUMAR NAHAR,
                                 -2-
                                             NC: 2024:KHC:14010
                                             MSA No. 50 of 2024




    AGED ABOUT 53 YEARS,
    RESIDING AT NO. 22, PANCHAVATI,
    18TH CROSS, 10TH MAIN,
    MALLESHWARAM,
    BANGALORE-560 055.
                                                 ...RESPONDENTS


     THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
CPC, SEEKING TO SET ASIDE THE JUDGMENT DATED
1.03.2024 PASSED BY THIS HONBLE HIGH COURT OF
KARNATAKA IN MFA NO.6527/2023 FILED BY THE APPELLANT
AND MFA NO.7811/2023 FILED BY THE RESPONDENTS.

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

A memo is filed by the learned counsel for the appellant

seeking permission of this court to withdraw the appeal and

seeking liberty to file a fresh appeal before the appropriate

court.

2. Accordingly, the memo is taken on record. The

appeal is Dismissed As Withdrawn, granting liberty to file an

appropriate application before the competent court.

SD/-

JUDGE

JJ